Henrietta Franks Longs v. State Texas

The offense is murder without malice; the punishment, five years. Appellant's first ground of error is the action of the court in overruling his motion not to further prosecute the cause.
The record reflects that at a prior trial under this indictment the jury was unable to agree upon a verdict and after 22 hours
and 55 minutes of deliberation and with appellant's consent in person, they were discharged. Jeopardy has not been shown.
Article 37.07, Sec.2(d), V.A.C.C.P.