Fred T. Durrough v. State Texas

The appellant has been indicted and placed on trial three times for the murder of Henry S. Tyler. The first trial, Cause No. 74-CR-575-A, was aborted when the trial court granted the States motion to dismiss the original indictment after only five jurors had been selected and sworn. The appellant was reindicted and found guilty of the offense of capital murder in Cause No. 74-CR-2140-A, but that judgment was reversed on appeal because the trial court erred in failing to grant a change of venue upon the appellants uncontroverted application. Durrough v. State, 562 S.W.2d 488 (Tex.Cr.App. 1978). After the case was remanded, but before the trial which resulted in the present conviction began, the State moved to dismiss the then pending indictment because it was "faulty." A third indictment charging the appellant with the same conduct for which he previously had been tried was obtained, and the appellant was found guilty and sentenced to death a second time. He appeals from that judgment entered in Cause No. 79-CR-0078.