EX PARTE STOWE

No. 01-86-00990-CR.

744 S.W.2d 615 (1987)

Ex parte Joe Morris STOWE.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied November 5, 1987.


Attorney(s) appearing for the Case

Jim W. James, Bryan, for appellant-relator.

Bill Turner, Brazos County Dist. Atty., Bryan, Laurie A. Hubbell, Brazos County Asst. Dist. Atty., Bryan, for appellee.

Before WARREN, DUGGAN and LEVY, JJ.


LEVY, Justice.

A jury found appellant, Joe Morris Stowe, guilty of possessing over 28 grams of methamphetamine. The trial court granted appellant's motion for a new trial based upon improper prosecutorial argument about the defendant's failure to testify. Before retrial, appellant filed a petition for the writ of habeas corpus, claiming that a retrial would violate his right against double jeopardy under the Fifth and Fourteenth Amendments to the U.S. Constitution...

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