Davis v. State

BEAUCHAMP, Judge.

Appellant was convicted of assault to rob Mrs. A. F. Giese of the sum of three dollars, together with a carton of cigarettes. His punishment was assessed at five years in the penitentiary. The appeal is predicated on the failure of the court to sustain appellant’s plea in abatement, it being the contention that appellant was put on trial at a previous date for this same offense and that when the jury failed to agree, the court dismissed them without the consent and concurrence of appellant at a time when his attorney was not present in the court room.

On the facts on this plea…