Foster v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

CLINTON, Judge.

The Jeopardy Clause of the Fifth Amendment to the Constitution of the United States provides: “. .. nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.”1

There is the Texas counterpart in Article I, § 14, Constitution of the State of Texas, and more, viz:

“No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.”

On the face of it,…