ALLEN v. STATE

No. 3-82-041-CR.

656 S.W.2d 592 (1983)

Stuart Wes ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

July 13, 1983.


Attorney(s) appearing for the Case

Ian Inglis, Austin (Court-appointed), for appellant.

Ronald Earle, Dist. Atty., J. Patrick Quinn, Asst. Dist. Atty., Austin, for appellee.

Before SHANNON, EARL W. SMITH and BRADY, JJ.


EARL W. SMITH, Justice.

This appeal presents for our consideration several aspects of the federal and state prohibitions against being twice placed in jeopardy. U.S. Const.Ann. amend. V; Tex. Const.Ann. art. I, § 14. We are required to resolve the following questions. At what stage of the proceedings of a state bench trial is the defendant first placed in jeopardy? Under what circumstances may a judge sua sponte terminate a trial to the court, after taking...

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