Maddox v. State

Appellant was charged by second amended affidavit with vehicle taking, under §10-3010, Burns’ 1942 Replacement. He entered a plea of not guilty and served notice of an alibi. Later a special answer setting out that appellant was being placed in jeopardy twice for the same offense was filed. The cause was tried by jury, a verdict of guilty of vehicle taking was returned, judgment was entered, and sentence followed.

Appellant, under his assignment of errors, contends that he has been placed in jeopardy twice for the same offense.

The record reveals the following:

“And this cause being at issue and…