Jordan v. State

The State does not deny that the larceny charge as contained in the accusation in the City Court of LaGrange was not the same transaction as alleged in the indictment and that the lesser crime of larceny charged in the accusation was not also embraced and included in the greater offense of burglary. The only contention the State makes is that the burden of proving the allegations of fact in the plea of former jeopardy rested on the defendant and the record does not reveal that the defendant introduced any evidence to sustain his plea of former jeopardy. While it is true that the burden rests…