Beeman v. State

OPINION

BROWN, Commissioner.

This is an appeal from a conviction for the offense of delivery of a controlled substance, to-wit: amphetamine. The trial court assessed punishment at five years in the Texas Department of Corrections.

The appellant contends that the trial court erred in denying the appellant’s plea of former jeopardy based on the improper discharge of the jury during the appellant’s second trial.

The record reflects that the appellant’s first trial resulted in a mistrial during the jury selection. The appellant was then brought to trial on April 23,1974. The case was submitted to the…