Vela v. State

DAVIDSON, Presiding Judge.

Conviction for assault to murder, three years in the penitentiary being fixed as the punishment. Appellant was indicted in Duval County, and his case went thence on change of venue to Nueces County. Before the transfer there was a trial in Duval County, in which the jury failed to agree, after being out something over twenty-four hours, and were discharged by the court, in the absence of defendant and his counsel. However, the judgment recites that appellant and his counsel were present and consented to the discharge of the jury. When the case was called for trial in…