Dunn v. State

on rehearing.

June 23, 1922.

LATTIMORE, Judge.

— The only proposition advanced by appellant in his motion for rehearing is, that his plea of jeopardy was such as to entitle him to have same submitted to the jury, and that the trial court erred in sustaining the State’s exception to said plea and in striking same from the record. We regret that we cannot bring ourselves into agreement with this view. The contention is most ably' presented and our admiration aroused by the logic and force of its presentation.

We think the plea properly rejected for its failure to present facts necessary to be…