Lindsey v. State

McDONALD, Presiding Judge.

Our prior opinions are withdrawn.

The offense is driving while intoxicated; the punishment, a fine of $100.00 and 3 days in jail.

No statement of facts on the merits accompanies the record.

We do have, however, a statement of facts on the hearing held concerning appellant’s plea of former jeopardy and an exception appears therein to the action of the trial court in overruling the plea of former jeopardy. From this statement of facts we observe that the jury was retired to consider their verdict at 3:45 P.M. and that the jury twice reported to the court that they were…