Fulmer v. State

Appellant contended in the Dallas Court of Appeals that he has been “twice tried for the same offense.” The State argued, however, that “appellant was not placed in double jeopardy because he was not tried twice for the same offense,” and also that “having moved for a directed verdict [appellant] was, therefore, responsible for the judgment against him.” After distinguishing the cases relied on by the State, the Dallas Court reasoned that since “there was only one complainant whose name was incorrectly set out in the indictment” and “the prior indictments were not void or fundamentally…