Murphy v. State

GRAVES, Judge.

Appellant was convicted of the unlawful killing with malice of Elmo Sullivan, and given a penalty of 12 years in the penitentiary, and she appeals.

We are met in the inception of this case with a plea of former jeopardy wherein it was shown that appellant had previously been placed upon trial on this indictment on June 25, 1945; that a jury was empaneled to try said cause; that she plead not guilty therein and same proceeded to trial; that testimony was heard, arguments presented, and the jury retired to consider of their verdict; that thereafter such jury came into court and…