WOODLEY, Commissioner.
The conviction is for murder without malice upon an indictment charging that offense. The punishment was assessed by the jury at two years in the penitentiary.
The case was tried March 20, 1950. A prior trial held on April 11, 1949, resulted in a hung jury, but no order was entered upon the minutes declaring a mistrial. The docket entry shows "Jury unable to agree and are discharged."
Appellant filed a plea of former jeopardy...
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