Spelce v. State

The appellants were tried jointly on an indictment charging murder in the first degree, were convicted of murder in the second degree, and each was sentenced to the penitentiary for a term of 14 years.

On May 22, 1923, the appellants separately and severally filed a plea of former jeopardy averring that they had previously, on March 4th, been put to trial in the case, and that the court entered an order of mistrial without the' consent of either of the defendants and against the objections of each of the defendants, and without assigning the reason or cause for the mistrial, and without…