State v. Dobson

Gregory, Justice:

Appellant Tommy Dobson was convicted of attempted burglary after the trial judge refused his plea of autrefois acquit. We vacate appellant’s conviction and sentence.

Appellant was first indicted for attempted housebreaking. At trial, the judge directed a verdict of acquittal on the ground that the state’s evidence established a breaking occurred at night, if at all.

Appellant was reindicted for attempted burglary for the same act. The trial judge refused appellant’s plea of autrefois acquit. Appellant was convicted and sentenced to six years’ imprisonment suspended upon service…