Ex Parte Joseph Brown, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals, holding that the trial judge abused his discretion by declaring a mistrial without adequately considering less drastic alternatives, and therefore the appellant's retrial is barred by double jeopardy; the case was remanded to discharge the appellant and prohibit any further prosecution. Justice Mansfield dissented, arguing the majority improperly substituted its judgment for the appellate court's finding that no abuse occurred.