LACKEY v. STATE

No. 54169.

574 S.W.2d 97 (1978)

Charles Roy LACKEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

December 6, 1978.


Attorney(s) appearing for the Case

Tom W. Mills, Jr., Dallas, for appellant.

Henry M. Wade, Dist. Atty., Steve Wilensky and C. Wayne Huff, Asst. Dist. Attys., Dallas, for the State.

Before TOM G. DAVIS, DALLY and W. C. DAVIS, JJ.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for burglary of a habitation with intent to kidnap. Punishment was assessed by the jury at ten years.

At the outset, appellant contends, "the trial court erred in proceeding to trial without an effective waiver of indictment and therefore a void information."

The record contains an order of the trial court declaring a mistrial at a prior trial for failure of the jury to reach...

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