McCulloch v. State

RAMEY, Chief Justice.

Appellant, Timothy Nelson McCulloch (“McCulloch”), asserts that the trial court erred .in denying his pretrial application for writ of habeas corpus on the ground that double jeopardy bars his further prosecution for the murder of Michael Roy Hampton (“Hampton”). We disagree and affirm the trial court’s order.

McCulloch was convicted in the 349th Judicial District Court of Houston County for the murder of Hampton and his punishment assessed by the jury at fifty years imprisonment. Subsequently, McCulloch filed a motion for new trial complaining, among other grounds, that…