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LONGS v. STATE

No. 41259.

429 S.W.2d 157 (1968)

Henritta Franks LONGS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 10, 1968.

Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Thomas C. Dunn, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is murder without malice; the punishment, five years.

Appellant's first ground of error is the action of the court in overruling his motion not to further prosecute the cause. The record reflects that at a prior trial under this indictment the jury was unable to agree upon a verdict and after 22 hours and 55 minutes of deliberation and with appellant's consent in person, they were discharged.

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