Usary v. State

Plaintiff in error was indicted under two counts, the first charging driving while drunk, and the second driving “carelessly and heedlessly and in wanton disregard of the rights and safety of others.” At the May term, 1936, he was tried and the jury reported not guilty upon the first count of the indictment, but that they could not agree as to the second count. The court thereupon accepted the verdict as to the first count, driving while drunk, and sent the jury back with instructions to consider further the second count only. The record shows that the next day the court entered a mistrial,…