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STATE v. RHODES

No. 14-96-00029-CR.

938 S.W.2d 192 (1997)

The STATE of Texas, Appellant, v. David Eugene RHODES, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled February 20, 1997.

Attorney(s) appearing for the Case

William J. Delmore, Houston, for appellant.

William W. Burge, Houston, for appellee.

Before LEE, AMIDEI and EDELMAN, JJ.

MAJORITY OPINION

LEE, Justice.

In this double jeopardy case, the State of Texas appeals the granting of a writ of habeas corpus to David Eugene Rhodes on the grounds that (1) there is no evidence that the criminal prosecution in this case is based upon the same conduct for which appellee was previously held in contempt of court; and (2) a criminal contempt proceeding initiated by a private party does not bar a...

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