Hudspeth v. State

Appellant was convicted upon the charge of sodomy, alleged to have been committed by having carnal intercourse with a certain beast, to-wit, a cow.

The conviction occurred at a second trial at the same term of court, and the action of the court in ordering this second trial at the same term is assigned as error. No prejudice is shown by this action of the court. It was expressly authorized by § 3194, Crawford & Moses’ Digest, which provides that “In all cases where a jury is discharged, either in the progress of a trial or after the cause is submitted to them, the cause may again be tried at…