Bowen v. State

Opinion

TERRY McCALL, Justice.

Melvin Allan Bowen was indicted for the offense of kidnapping. The trial court granted a mistrial to appellant in his first trial. To prevent a second trial, appellant sought a pretrial writ of habeas corpus in a separate action on the ground of double jeopardy under the Constitutions of the United States and Texas. 1 Citing Bauder v. State, 921 S.W.2d 696 (Tex.Cr.App.1996), appellant claimed that the prosecutor had intentionally or recklessly forced him to move for the mistrial. The trial court denied his application for writ of habeas corpus, and appellant did…