STRICKLAND v. STATE

No. 05-87-00001-CR.

741 S.W.2d 551 (1987)

Harold David STRICKLAND, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

November 13, 1987.


Attorney(s) appearing for the Case

F. Duncan Thomas, Greenville, for appellant.

Phil Fugitt, Greenville, for appellee.

Before DEVANY, McCLUNG and HECHT, JJ.


McCLUNG, Justice.

Harold Strickland was convicted by a jury of possession of a prohibited weapon. On appeal, appellant asserts double jeopardy and unlawful search and seizure. Because we agree that appellant's second trial was violative of double jeopardy, we reverse and acquit.

After the jury was empaneled and sworn for appellant's first trial, one juror moved out of the county. As a result, the trial court granted a mistrial on its own motion. Appellant...

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