Fuller v. State

RICE, Judge.

If indeed,' as appears, the judge’s bench not,es on the former trial — the one made the basis of appellant’s plea of former jeopardy^ — show that the jury, on that trial, was discharged, before reaching a verdict, with appellant’s consent, his said plea was doomed, in its ultimate analysis, to futility.

So, while conceding technical error in the, action of the trial court in granting the State’s motion to strike appellant’s said plea, it can “avail appellant nothing”; this for the reason, "as the matter appears to us, that the court knew its own records and therefore knew the plea…