Boone v. State

OPINION

ROBERTS, Judge.

This appeal is taken from a conviction for the offense of attempted burglary; punishment was assessed at two years’ confinement. Appellant’s complaints on appeal all center around the mistrial which was declared the first time this cause was tried. The first trial was held on February 22, 1973; a mistrial was declared on the afternoon of that same day. Appellant was again put to trial on February 26, 1973, and found guilty as charged.

Initially, it is argued that the trial court, upon the second trial, erred in failing to sustain the appellant’s plea of former jeopardy.…