Butler v. State

This is the second appearance of this case here. Appellant was charged with the murder of Bynum Burns, and was convicted of manslaughter. The judgment was reversed by this court and the cause was remanded. 163 So. 390. On another trial, appellant was convicted of murder and sentenced to the penitentiary for life. From that judgment this appeal is prosecuted.

On the first trial appellant, by the verdict of manslaughter, was necessarily acquitted of the charge of murder, and for that reason he contends that lie could not again be tried for murder; that such a trial would amount to a denial of…