(DOWNLOAD) "Bobby Joe Harrison v. State Texas" by En Banc Court of Criminal Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Bobby Joe Harrison v. State Texas
- Author : En Banc Court of Criminal Appeals of Texas
- Release Date : January 18, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Appellant pled guilty to hindering apprehension. See V.T.C.A. Penal Code, Sec. 38.05. The trial court assessed punishment at ten days confinement and a $500.00 fine. The Court of Appeals affirmed the conviction, finding that the trial court did not err in denying appellants plea of double jeopardy because the "manifest necessity" for the mistrial implicitly found by the trial court was within the trial courts discretion. Harrison v. State, 721 S.W.2d 904 (Tex.App.-- Dallas 1986). This Court granted appellants petition for discretionary review to address the double jeopardy issue, but remanded the cause to the Court of Appeals for its determination of whether appellant consented to the mistrial of his first trial. Harrison v. State, 767 S.W.2d 803 (Tex.Cr.App. 1989). On remand the Court of Appeals decided that the totality of the circumstances surrounding the declaration of the mistrial showed that appellant did not consent to the mistrial. Harrison v. State, 772 S.W.2d 556, (Tex.App.-- Dallas 1989). The Court of Appeals reaffirmed its earlier conclusion that double jeopardy principles were not violated because manifest necessity was shown for the declaration of the mistrial. We granted appellants petition to review the merits of the Court of Appeals decision concerning manifest necessity.
 "Bobby Joe Harrison v. State Texas" by En Banc Court of Criminal Appeals of Texas # eBook PDF Kindle ePub Free){kind=link}