O'BRIEN v. State

OPINION

DOUGLAS, Judge.

The offense is burglary; the punishment, ten years.

The record reveals that the appellant was first tried under the present indictment on March 17, 1969, at which trial the judge declared a mistrial based on the failure of the jury to reach an agreement as to guilt or innocence. The second trial resulted in the present conviction.

Appellant assigns as error the failure of the trial court to grant his plea of former jeopardy, which plea was made at the start of the second trial. It appears from the record that the jury in the first trial deliberated approximately one hour…