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CROW v. STATE

No. 01-97-00449-CR.

968 S.W.2d 480 (1998)

John Bradford CROW, Appellant, v. STATE of Texas, Appellee.

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

April 9, 1998.

Attorney(s) appearing for the Case

Stanley Schneider, Brian Wice, Houston, for Appellant.

John B. Holmes, Alan Curry, Houston, for Appellee.

Before MIRABAL, TAFT and EVANS, JJ.

OPINION

MIRABAL, Justice.

John Bradford Crow appeals the denial of relief on his application for a pretrial writ of habeas corpus. We affirm.

The issue presented is whether constitutional double jeopardy provisions bar a retrial of Crow when a mistrial was granted as a result of an act of the prosecutor in front of the jury.

During the State's closing argument of Crow's murder trial, the prosecutor slapped Crow on the back while Crow was...

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