Dunn v. State

HAWKINS, Judge.

— Conviction was for murder, punishment being assessed at sixty-five years confinement in the penitentiary.

This case has been before the court on two former occasions ; opinions will be found reported in 85 Texas Crim. Rep., 299 and 88 Texas Crim. Rep., 21.

When the case was called for the instant trial appellant interposed a plea of former jeopardy, in which he substantialy avers that he was put upon trial in this case on the 26th of January, 1920. He alleges that a jury was impaneled and sworn, after which his plea proceeds as follows:

“Thereupon the court announced that it…