RODRIGUEZ v. STATE

No. 43360.

466 S.W.2d 788 (1971)

Rene RODRIGUEZ and Efrain Miranda, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 2, 1971.


Attorney(s) appearing for the Case

Ewers Toothaker Ewers, Abbott, Evins & Talbot by Joe B. Evins, McAllen, for appellants.

Oscar B. McInnis, Dist. Atty., Edinburg, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is murder; the punishment, as to appellant Rodriguez, fifteen (15) years, as to appellant Miranda, ten (10) years.

A recitation of the facts will not be necessary other than to observe that prior to trial, appellants filed a plea of former jeopardy. At trial, they sought to read to the jury their written pleadings which set up the defense of former jeopardy, but the court sustained the State's objection and they...

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