Miller v. State

ON rehearing.

June 21, 1922.

LATTIMORE, Judge.

— Believing the original opinion on rehearing to have been based on a misconception of appellant’s contention, same is withdrawn. •

Appellant urges that we erred in upholding the refusal of the trial court to submit his plea of jeopardy to the jury. Without going into unnecessary details, the record discloses that prior to the trial in the instant case, appellant had been tried and convicted in two other cases wherein he was charged with embezzlement of certain sums of money from the Brown Cracker & Candy Company, the same party from whom he is…