JOHNSON v. STATE

No. 41456.

432 S.W.2d 98 (1968)

Billy Lee JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 23, 1968.


Attorney(s) appearing for the Case

Maloney, Milner & McDowell by Pat McDowell, Dallas, for appellant.

Henry Wade, Dist. Atty., Douglas D. Mulder, Curtis D. Glover, Camille Elliott, Malcolm Dade and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is assault to rape; the punishment, 99 years.

Appellant's first two grounds of error relate to his claim that the present trial twice placed him in jeopardy for the same offense. His claim is that the court erred in failing to sustain his motion to quash the indictment and further erred in failing to submit the question of jeopardy to the jury in his charge. While appellant...

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