BROWN v. STATE

No. 1583-92.

907 S.W.2d 835 (1995)

Ex Parte Joseph BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Discretionary Review Denied October 11, 1995.


Attorney(s) appearing for the Case

J.E. Brownlee, Denton, for appellant.

Bruce Isaacks, District Attorney, Kathleen A. Walsh, Assistant District Attorney, Robert Huttash, State's Atty., Austin, for the State.


OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant's trial ended when the trial judge sua sponte declared a mistrial over appellant's objection. Shortly before the second trial, appellant filed an application for writ of habeas corpus claiming retrial would violate the Constitutional prohibition against double jeopardy. U.S. Const., art. V. The habeas judge denied relief and the Court of Appeals affirmed. Ex...

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