Schaffer v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for attempted aggravated sexual abuse of a child. Following a bench trial upon a plea of not guilty, the court found appellant guilty and assessed his punishment at five (5) years’ confinement.

Appellant presents a single ground of error. He contends the trial court erred in overruling his plea of former jeopardy.

The case was initially called for trial on April 25, 1977. On that date a jury was impaneled and sworn. The indictment was not read and no plea was entered thereto. The court recessed the case until April 28, 1977. On…