Colbert v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant seems to be under the impression that because the present trial was under a new indictment bearing a different number from that under which the former trial was had that it was not the same case, although it was the same offense and therefore *397the evidence taken of a witness upon the former trial could not be reproduced on the present trial.

In Bishop’s New Criminal Procedure, vol. 2, sec. 1195, is found stated the following: “* * * if there has been a prior proceeding involving the same issue between the same parties, conducted regularly in…