Samuels v. State
Citations
- 25 Tex. Ct. App. 537
- 8 S.W. 656
- 1888 Tex. Crim. App. LEXIS 95
Syllabus
<p>1. Practice—Pleading—Former Conviction is a defense which must be specially pleaded, and the plea must be verified by the affidavit of the defendant. The only exception to this rule is that if the accused has been convicted of an offense inferior in degree to that charged, and the judgment has been reversed or a new trial awarded, he is not required, when placed on trial again in the same case and the same court, to plead former acquittal of the greater offense.</p> <p>S. Assault.—A single “ difficulty ” does not necessarily signify but a single assault. On the contrary, a number of assaults may grow out of a single “difficulty,” and a conviction be had for each assault.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- defendant must specifically plead former jeopardy unless he is retried in the same cause, and in the same court, after an implied acquittal
Source: CourtListener parenthetical corpus (CC0).
Judges: Hurt
Read full opinion on CourtListenerCited by
4 cases in this archive cite this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.