Overturf v. State

OPINION

BROCK, Justice.

The defendant, Terry L. Overturf, was convicted of grand larceny and received a sentence of three years imprisonment in the penitentiary. The Court of Criminal Appeals affirmed the judgment and the defendant petitioned this Court for certiorari.

Although other issues are raised, we deem it necessary to consider only the claim of the defendant that the lower courts erred in failing to sustain his plea of former jeopardy.

The defendant has been subjected to two trials for this offense and has been convicted at each trial. During the first trial in November, 1974, and at the…