BIRDSONG, Judge.
An accusation alleging simple assault was filed against appellee. At the call of the case, both the state's and the appellee's witnesses were present and a jury was available, although appellee specifically waived his right to a jury trial. The trial judge found as follows: "The State announced that it could not make out the case as alleged in the accusation and as set forth specifically in the affidavit supporting the same and failed and refused...
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