TORRES v. STATE

No. 66562.

614 S.W.2d 436 (1981)

Mario TORRES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

April 15, 1981.


Attorney(s) appearing for the Case

Gregory B. Pine, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and R. Bradford Stiles, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before DALLY, W. C. DAVIS and CLINTON, JJ.


OPINION

DALLY, Judge.

This is an appeal from a conviction of the offense of aggravated assault; the punishment is imprisonment for two years.

The sole ground of error advanced by appellant is that the trial court erred in its sua sponte declaration of a mistrial. As a result, he says, retrial of this case is barred by the double jeopardy clause of the Constitutions of both the United States and Texas.

On the morning of April 30, 1980, a jury...

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