Maxey v. State

The grand jury returned two indictments against the appellant, each charging him with the sale of intoxicating liquor, one of them being numbered 15Ó, and the other, 152.

At the October, 1929, term of the court below, the appellant was tried on indictment No. 152, and at the close of the evidence, the district attorney, with the permission of the court, entered a nol pros. At a subsequent term of the court, the defendant was tried on the-other indictment, No. 150. He filed a special plea of former jeopardy thereto, the ground of which is that on the former trial evidence was introduced by the…