Knorpp v. State

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is an appeal from a jury conviction for official misconduct. The court assessed punishment at ten years confinement and granted probation. We reverse and remand for a new trial.

Ground of Error No. One asserts that the criminal prosecution was barred by the doctrine of collateral estoppel, as set out in Article 27.05 of the Tex.Code Crim.Pro. (Vernon Supp.1982), and established as a constitutional element of double jeopardy in Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 1194, 25 L.Ed.2d 469, 475 (1970). The present indictment alternatively…