O'BRIEN v. STATE

No. 42737.

455 S.W.2d 283 (1970)

Jimmie O'BRIEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 17, 1970.


Attorney(s) appearing for the Case

Robinson & Wilson, by Don R. Wilson, Abilene (Court Appointed), for appellant.

Ed Paynter, Dist. Atty., Abilene, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The offense is burglary; the punishment, ten years.

The record reveals that the appellant was first tried under the present indictment on March 17, 1969, at which trial the judge declared a mistrial based on the failure of the jury to reach an agreement as to guilt or innocence. The second trial resulted in the present conviction.

Appellant assigns as error the failure of the trial court to grant his plea of former...

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