Garza v. State

Constitutionally and statutorily the State of Texas is prohibited from twice putting an accused in jeopardy.1 Convicted of the felony offense of riot, denounced by V.T. *157C.A. Penal Code, § 42.02, the second time he was tried on the same indictment, which also alleged the felony offense of aggravated assault on a peace officer, defined by id., § 22.02(a)(2), appellant premises all his four grounds of error on the facts that prosecution on the count alleging riot had been abandoned by the State just before the case was submitted to the jury at the first trial, and that the jury was properly…