Lackey v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for burglary of a habitation with intent to kidnap. Punishment was assessed by the jury at ten years.

At the outset, appellant contends, “the trial court erred in proceeding to trial without an effective waiver of indictment and therefore a void information.”

The record contains an order of the trial court declaring a mistrial at a prior trial for failure of the jury to reach a verdict where appellant was tried under the same numbered information.

At the trial which resulted in the instant conviction, the record reflects the following…