Selman v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Angelina. Tried below before Hon. J. T. MaeoNEV, County Judge. Appellant was prosecuted by information for committing an aggravated assault upon one Sam Cherry, with a piece of iron called a “socket wrench” — a deadly weapon. The first trial was a mistrial,' the jury being discharged for failure to agree upon a verdict.
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Appeal from the County Court of Angelina. Tried below before Hon. J. T. MaeoNEV, County Judge. Appellant was prosecuted by information for committing an aggravated assault upon one Sam Cherry, with a piece of iron called a “socket wrench” — a deadly weapon. The first trial was a mistrial,' the jury being discharged for failure to agree upon a verdict. At his second trial he pleaded former jeopardy, which plea was stricken out by the court, and the trial resulted in his conviction of simple assault, the punishment being assessed at a fine of $5. No further statement of the case is necessary.
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of a simple assault, and his punishment' assessed at $5, from which he appeals.
There is a single question in the case: ought defendant’s plea of former jeopardy be sustained? At the first trial of the case it was submitted to the jury about 5 o’clock, and after considering their verdict for about an hour they were allowed to disperse for the night, and met again in the morning, and after consideration of about two hours they came into court and asked to be discharged, as they could not agree, their disagreement being a question of fact. The court asked…
2Cited by2 opinions
- Vela v. StateCourt of Criminal Appeals of Texas · 1906
- Killman v. StateCourt of Criminal Appeals of Texas · 1908