Joubert v. State

Graves, Judge.

The appellant has been heretofore tried and convicted of murder without malice, and was given a penalty of three years, — see (133 Texas Crim. Rep., 405,) 111 S. W. (2d) 721, — which judgment was reversed. He is again before us on appeal from a conviction of murder with malice, and a penalty of eight years. For a statement of the facts we refer to the former opinion herein.

Appellant had filed and presented to the trial court a plea of former acquittal of the offense of murder with malice based upon the proposition that he having been formerly convicted of murder without malice,…