Villarreal v. State

McDONALD, Judge.

The offense is murder; the punishment, 25 years’ confinement in the penitentiary.

The sole question presented and urged upon the appeal is the contention that appellant’s plea of former jeopardy should have been sustained.

*214The record shows that appellant had been previously placed on trial for the same offense and the jury discharged by the court after having deliberated for approximately twelve to fourteen hours. It was shown that when discharged at the former trial the jury was asked by the court if they believed a verdict was improbable eleven raised their hands and one…