Court of Criminal Appeals of Texas

Mario Torres, Appellant v. the State of Texas, Appellee

April 15, 19811981 Tex. Crim. App. LEXIS 968

Summary

The Court reversed the conviction, holding that the trial judge’s sua sponte declaration of a mistrial was neither consented to by the defendant nor justified by manifest necessity, thereby violating the double jeopardy clause of the United States and Texas constitutions.