Fann v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

In his motion for rehearing appellant calls our attention to the holding in Foster v. State, 8 S. W. Rep. 664, to the effect that a formal plea of jeopardy is not necessary where the former proceedings were in the same case and in the same court. If it should be conceded that this rule has application in the present case, we find that appellant’s bill of exceptions No. 6 shows that in the previous trial the complaint and information were never read to the jury and that appellant at no time pleaded thereto. We quote from 12 Texas Jurisprudence, 537, as…