Torres v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction of the offense of aggravated assault; the punishment is imprisonment for two years.

The sole ground of error advanced by appellant is that the trial court erred in its sua sponte declaration of a mistrial. As a result, he says, retrial of this case is barred by the double jeopardy clause of the Constitutions of both the United States and Texas.

On the morning of April 30, 1980, a jury was empaneled and sworn and appellant pled not guilty to the offense of robbery. The State’s first witness was the complainant, Jose Torres; he testified to…