Torres v. State

LATTIMORE, Judge.

—Appellant was convicted in the 34th District Court of El Paso County of theft of an automobile, and his punishment fixed at four years in the penitentiary.

The jury was discharged after being impaneled and after the pleas of both parties were presented. The case was postponed and tried at a special term thereafter. When next called for trial a plea of jeopardy was presented on behalf of appellant and submitted to the jury, which found against same. Error in this matter is the chief complaint on this appeal. '

A brother of one of the jurors died after the jury was impaneled.…