Ex Parte Karlton J. Kopecky

Summary

The Court of Criminal Appeals of Texas denied the applicant's habeas corpus petition, holding that the Fifth Amendment double jeopardy clause does not prohibit imposing both the aggravated possession sentence and the tax‑failure sentence for phenylacetone. The decision rests on the clear legislative intent of Chapter 159 of the Tax Code and the application of the Blockburger test, which shows the two offenses require proof of different elements.