Blevins v. State

This is a theft case, the punishment being ten years in the penitentiary. This is a second appeal. The opinion upon the former appeal will be found in (146 Tex.Crim. Rep.)176 S.W.2d 173.

The sole question here presented is that the trial court committed error in rejecting appellant's plea of former jeopardy. Regarding this matter the facts are undisputed and reveal the following: Upon the first trial appellant was charged by indictment containing two counts. In the first count it was sought to charge appellant with the primary offense of felony theft, followed by an averment that he had…