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BEEMAN v. STATE

No. 51061.

533 S.W.2d 799 (1976)

Roy Wayne BEEMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 25, 1976.

Attorney(s) appearing for the Case

Don R. Malone, Vernon, Samuel D. McDaniel, Austin, for appellant.

Bill Neal, Dist. Atty., Vernon, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

This is an appeal from a conviction for the offense of delivery of a controlled substance, to-wit: amphetamine. The trial court assessed punishment at five years in the Texas Department of Corrections.

The appellant contends that the trial court erred in denying the appellant's plea of former jeopardy based on the improper discharge of the jury during the appellant's second trial.

The record reflects that the...

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