Steen v. State

LATTIMORE, Judge.

— Appellant was convicted in the District Court of Bexar County of murder, and his punishment fixed at confinement in the penitentiary for life.

The first and chief contention of appellant is that the trial court erred in sustaining the State’s demurrer to appellants plea of former jeopardy, and in declining to have said plea submitted to the jury. If such plea- showed on its face that same consisted of a matter not legally sufficient to constitute jeopardy, there would be no error. If otherwise, the action of the trial court in declining to hear evidence might be unwarranted.…