George Wockenfuss v. State Texas

In ground of error one appellant claims a violation of his constitutional right against double jeopardy. The basis of this complaint is that the indictment in this cause, No. 200,325, which charged appellant with burglary of a house occupied and controlled by one Gene Elkins was in fact a re-indictment of Cause No. 137,323, which alleged the injured party to be Carl Elkins. At the outset we note that this claim is made for the first time on appeal and that no written and sworn special pleading was filed with the trial court as required by Arts. 27.05 and 27.06, V.A.C.C.P.