Whiten v. State

DAVIDSON, Judge.

This conviction was for manslaughter with the maximum punishment of five years in the penitentiary.

1. The indictment is in the ordinary form, charging murder with malice aforethought. Appellant filed' what he terms a plea of former jeopardy in this, to wit: That on 26th day of June, 1912, this defendant, under indictment fully presented, was arraigned in this court upon a charge of murder and was, by judgment of this court, upon a verdict of a jury duly returned, acquitted of murder in the first degree, and also acquitted of murder in the second degree, and was found guilty of…