Rodriguez v. State

OPINION

MORRISON, Judge.

The offense is murder; the punishment, as to appellant Rodriguez, fifteen (15) years, as to appellant Miranda, ten (10) years.

A recitation of the facts will not be necessary other than to observe that prior to trial, appellants filed a plea of former jeopardy. At trial, they sought to read to the jury their written pleadings which set up the defense of former jeopardy, but the court sustained the State’s objection and they were not permitted to read the same or to introduce evidence in support thereof.

Appellants were entitled under Article 30, Section 3, V.A.P.C., under…