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GEORGE v. STATE

No. 10-00-385 CR.

41 S.W.3d 241 (2001)

Kenneth Wayne GEORGE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

March 7, 2001.

Attorney(s) appearing for the Case

Donald D. Feare, Jr., Law Offices of Donald D. Feare, P.C., Arlington, TX, for appellant.

B.J. Shepherd, Bosque County District Attorney, Martin L. Peterson, Bosque County Asst. District Attorney, Meridian, TX, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

VANCE, Justice.

Kenneth Wayne George was charged with one count of indecency with a child. After a jury was empaneled and sworn, the trial court declared a mistrial. When the case was reset for trial, George filed an application for writ of habeas corpus with the trial court in which he asserted that a retrial would violate his right to be free from double jeopardy under the Fifth Amendment to the United States Constitution and article 1, section...

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