40 S.W. 491 | Tex. Crim. App. | 1897
Appellants were jointly indicted and tried and convicted for the theft of a horse, and the punishment of each assessed at confinement in the penitentiary for a term of five years; hence this appeal. Appellants filed and presented a plea of former acquittal. On motion of the State, this was stricken out, and the court refused to hear testimony thereon, and this is assigned as error. Appellants were jointly indicted in this case for theft of a certain horse, the property of, and from the possession of, one J.B. Ward. The plea of jeopardy or former acquittal shows an indictment of the same defendants for theft of a horse, the property of, and from the possession of, Jim Towsen. Appellants insist that the action of the court in striking out said plea was error, and cite us to the following cases: Wilson v. State,
Affirmed as to G.W. Wright. Reversed and Remanded as to Ellis Wright.