Huey v. State

MORROW, Judge.

The conviction is for murder, and punishment fixed at confinement in the penitentiary for seven years.

Under the same indictment, on a former trial, appellant was adjudged guilty of manslaughter. By appeal he sought and obtained relief from this judgment upon the ground that the verdict of conviction was rendered by a jury not sworn as required by law, and therefore void. Huey v. State, 220 S. W. Rep., 1108. In the instant case he interposed a plea of former acquittal of murder, seeking to avail himself of the statutory rule under which where one is tried under an indictment…