Johnson v. State

OPINION

MORRISON, Judge.

The offense is assault to rape; the punishment, 99 years.

Appellant’s first two grounds of error relate to his claim that the present trial twice placed him in jeopardy for the same offense. His claim is that the court erred in failing to sustain his motion to quash the indictment and further erred in failing to submit the question of jeopardy to the jury in his charge. While appellant had been acquitted of the offense of burglary of a private residence at night with intent to commit the offense of rape it does not mean that he may not later be prosecuted for the offense…