Ex Parte Henry Eiler Little, Appellant

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 declaration of a mistrial and that no manifest necessity existed to justify the mistrial. Because the mistrial was not consented to and lacked manifest necessity, the double jeopardy prohibition bars any retrial. Two dissenting judges argued that the record showed implied consent and would have affirmed the lower court. The case is remanded for entry of a dismissal and a bar on retrial.