Usher v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before Hon. Sam B. Scott. Appeal from a conviction of forgery; penalty, two years imprisonment in the penitentiary. In view of the disposition of the appeal, as shown by the opinion, a statement of the facts adduced in evidence is not required.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of forgery, and his punishment assessed at two years confinement in the penitentiary, and he prosecutes this appeal.
Besides his plea of not guilty, appellant set up former jeopardy. Said plea alleges, substantially, that appellant was put on trial at a former term of the court/ and that, after the introduction .of the evidence, argument of counsel, and charge of the court, the jury retired to consider their verdict, and on the next day, about 6:30 p. in., returned into court, and stated they could not agree. The court asked them if their disagreement…
2Cases cited2 opinions
- Woodward v. StateCourt of Criminal Appeals of Texas · 1900
- Shields v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by2 opinions
- Kennedy v. StateCourt of Criminal Appeals of Texas · 1919
- Torres v. StateCourt of Criminal Appeals of Texas · 1922