Court of Criminal Appeals of Texas

Ex Parte Henry Eiler Little, Appellant

November 2, 19941994 Tex. Crim. App. LEXIS 118

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals, holding that the appellant did not consent to the trial judge's mistrial and that no manifest necessity existed, so a retrial would violate the Fifth Amendment double jeopardy prohibition. The case was remanded for the trial court to discharge the appellant and bar any reprosecution.