Writ denied. Considering the sworn statements of accused of September 6, 1962 attached to return of the Respondent and filed in this Court we find no merit in petitioner's application.
BARHAM, J., is of the opinion an evidentiary hearing must be had to determine the double jeopardy issue. The majority here considers matters not of record, and not made part of application to reject writ. These ex parte matters cannot be considered. Relator is entitled to confront the...
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