Yantis v. State

ON rehearing.

October 31, 1923.

LATTIMORE, Judge.

— The regularity of proceedings in trial courts is presumed by this court in the absence of a showing to th& contrary. "When a jury engaged in the trial of one accused of crime fails to agree and is discharged, we must presume in the absence of a showing to the contrary that a judgment of the court was rendered at the time of such discharge and that its recitals present facts which justified the court in such discharge. Woodward v. State, 42 Texas Crim. Rep., 188; Torres v. State, 91 Texas Crim. Rep. 386; Dunn v. State, 92 Texas Crim. Rep., 126;…