Gonzalez v. State

OPINION

WOODARD, Justice.

This is an interlocutory appeal from a judgment denying a writ of habeas corpus which was sought to bar the Defendant’s retrial for murder on the grounds of double jeopardy. We affirm.

The Defendant had been found guilty of murder and assessed a sixty-year penitentiary sentence by a jury. The conviction was reversed by this Court and remanded for a new trial. The grounds of reversal were that the trial court erred in allowing (1) prejudicial hearsay into evidence, and (2) the prosecutor to misstate the law and to comment on the trial court’s position regarding lesser…