Supak v. State

WOODLEY, Judge.

■ The offense is drunk driving; the punishment, 7 days in jail and a fine of $50.

In our original opinion we sustained the appellant’s contention that the trial court erred in overruling his plea of former Jeopardy without having passed upon the state’s contention that such claim of error was not properly before this Court.

The transcript contains what is designated as “Defendant’s Motion to Dismiss Cause,” in which the facts were alleged relating to former jeopardy based upon a previous trial which terminated in the discharge of the jury before verdict, over objection of the…