Legal Opinion
Ex Parte Lowery
Texas Court of Appeals, 5th District (Dallas)
Decided January 25, 1995No. 05-92-00370-CRPublishedCited by 4 opinions
1Opinion of the Court
OPINION ON PETITION FOR DISCRETIONARY REVIEW
LAGARDE, Justice.
We withdraw our opinion of August 12, 1994. The following is now the opinion of this Court.
Douglas Allen Lowery was indicted for murder and convicted by a jury of the lesser included offense of criminally negligent homicide. The State then indicted appellant for aggravated robbery. Appellant filed a pretrial application for writ of habeas corpus, contending that prosecution for aggravated robbery was barred by the federal and state prohibitions against double jeopardy due to his prior murder prosecution. The trial court denied…
2Cases cited9 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. DixonSupreme Court of the United States · 1993
- Grady v. CorbinSupreme Court of the United States · 1990
- Parrish v. StateCourt of Criminal Appeals of Texas · 1994
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