Legal Opinion

Bland v. State

Court of Criminal Appeals of Texas

Decided November 21, 1900No. 2309PublishedCited by 16 opinions

Appeal from the District Court of Waller. Tried below before Hon. Wells Thompson. Appeal from a conviction of theft of a hog; penalty, two years imprisonment in the penitentiary. Ho statement of the case necessary, inasmuch as the appeal is disposed of on the question of defendant’s plea of former jeopardy, which is fully shown by the opinion.

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of theft of a hog, and his punishment assessed at two years confinement in 'the penitentiary.

The only question presented for our consideration is the action of the court in regard to defendant’s plea of former jeopardy, which was stricken out by the court on motion of the district attorney; said plea setting up the fact that in the same case, on the day preceding the trial and conviction in this case, defendant had been placed upon trial, and a jury was regularly impaneled and sworn to try the case. After the State’s testimony in chief had been…

2Cases cited2 opinions

  1. Brown v. PiperSupreme Court of the United States · 1875
  2. Carver v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by16 opinions

  1. Yantis v. StateCourt of Criminal Appeals of Texas · 1923
  2. Rodgers v. StateCourt of Criminal Appeals of Texas · 1922
  3. Vela v. StateCourt of Criminal Appeals of Texas · 1906
  4. Green v. StateCourt of Criminal Appeals of Texas · 1958
  5. Chadwick v. StateCourt of Criminal Appeals of Texas · 1919

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