Morris v. State

Appellant was indicted for the offense of murder in the first degree. He was tried by a jury in the Jefferson County Circuit Court, convicted of murder in the second degree, and sentenced to twenty years in the penitentiary.

Appellant filed a plea of former jeopardy. The State filed a motion to dismiss this plea. The evidence taken on the State’s motion to dismiss the plea indicated that on January 20, 1969, this case came up for trial and at that time a jury was struck, impanelled, and sworn; that before the indictment was read to the jury and before any plea was at that time entered, and…