Roman v. State

HARPER, Judge.

Appellant was tried, charged with theft of property over fifty dollars in value, and when convicted was sentenced to three years confinement in the penitentiary.

1. Appellant was also indicted, charged with burglary, growing out of the same transaction, had been tried, and adjudged not guilty of burglary, and he filed a plea setting up these facts, alleging former jeopardy. The court overruled this plea and appellant excepted to this action of the trial court, and assigns this as error in this court. The court did not err in overruling and striking out this plea, as our Penal…