Hall v. State

Pennewill, C. J.,

delivering the opinion of the Court:

The record of the justice, which is before us, speaks for itself, and must be presumed to correctly state the proceedings at *235the trial. We think it is the general rule of law in those states that have a constitutional provision respecting former jeopardy, similar to ours (Article 1, Section 8, Constitution of 1897) that where a defendant is placed on trial under a valid indictment and a jury is drawn and sworn to try the case, he cannot be again tried for the same offense. 16 C. J. 236, 237, 248, 249; Commonwealth v. Hart, 149 Mass. 7, 20…