EX PARTE HAYES

No. 2-96-125-CR.

931 S.W.2d 721 (1996)

Ex parte David Brian HAYES.

Court of Appeals of Texas, Fort Worth.

October 3, 1996.


Attorney(s) appearing for the Case

J.R. Molina, Fort Worth, for Appellant.

Tim Curry, Criminal District Attorney, Betty Marshall and Charles M. Mallin, Assistant Chiefs of Appellate Section, David M. Curl, Robert Foran, Assistant Criminal District Attorneys, Fort Worth, for Appellee.

Before LIVINGSTON, DAUPHINOT and RICHARDS, JJ.


OPINION

LIVINGSTON, Justice.

The sole issue in this appeal is whether the recent opinion in Bauder v. State, 921 S.W.2d 696 (Tex.Crim.App.1996), alters the rule that jeopardy does not attach under the Double Jeopardy Clause of the Texas Constitution1 until the petit jury is impaneled. David Brian Hayes appeals the trial court's denial...

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