Curtis v. State

DAVIDSON, Judge.

Appellant was convicted under an indictment charging him with burglary of a private residence in the night-time, his punishment being assessed at five years confinement in the penitentiary.

When the case was called for trial he filed a plea of jeopardy setting out that he had been previously indicted and placed on trial before a jury under an indictment charging him with an ordinary burglary by force, threats and fraud, without alleging it was burglary of a private residence in the nighttime. In other words, the first indictment charges him with an ordinary burglary, whereas…