Staples v. State

(dissenting).—I have been unable to agree with my brethren in the disposition of this case. There are several questions of considerable importance that ought to cause a reversal. I shall only mention, however, two, the act of the court in withdrawing the plea of jeopardy and the sufficiency of the evidence.

When the case was called for trial appellant interposed the plea of jeopardy. There was no demurrer to the plea. Evidence was introduced in support of it and it went before the jury. The court, however, in his charge withdrew it from the consideration of the jury. I do not understand upon…