Keene v. State

Appellant was convicted in the circuit court under an indictment charging a misdemeanor. The evidence was ample in support of the verdict. It appears, however, that a previous prosecution for the identical offense had been instituted, in the justice court, and was there dismissed; and this is relied on as a bar to the judgment and sentence in the present case.'

The judgment entered by the justice of the peace is as follows: ‘ ‘ Tliis cause was dismissed for the lack of evidence. ’ ’

It will be at once observed that it cannot be told from this cryptic entry whether the case was dismissed because…