Bagwell v. State

On his trial, under an indictment for murder, Foote-Bagwell pleaded, in substance, that at a former term of the court he had been put on trial under the same indictment, and after the case had been submitted to the jury the court, without his consent and in his absence, he being at the time confined in jail, and. in the absence of his counsel, discharged the jury without a verdict, on the ground of their inability to agree. This plea was stricken on demurrer, to which ruling the accused excepted pendente lite. There was a verdict of guilty, with recommendation, to life imprisonment. The case…