Britton v. State

CHRISTIAN, Judge.

The offense is rape; the punishment, confinement in the penitentiary for five years.

There is but one error assigned, which we deem it necessary to discuss.

Appellant filed a plea of former jeopardy, setting up that at a former time he was placed upon trial on the same charge, and that after trial had begun, and his plea entered and evidence heard, the court discharged the jury, over appellant’s objection, upon information from some source that the wife of one of the jurors had died; that the court heard no evidence on the question as to whether the wife of the juror was dead,…