Ex Parte Smith

REYNOLDS, Chief Justice.

In the trial court, appellant L.T. Smith was unsuccessful in obtaining habeas corpus relief from being twice placed in jeopardy after the court found an impaneled juror was disqualified and, over appellant’s objection, declared a mistrial with a new trial to follow. He contends the State’s attempt at a second prosecution for the same offense is a violation of his constitutional guarantee against double jeopardy, because the trial court erroneously (1) found jeopardy did not attach at the first trial, (2) found manifest necessity for a mistrial existed, and (3) failed…