Galvan v. State

OPINION

DORSEY, Justice.

This is an appeal from the trial court’s denial of a writ of habeas corpus based on the special plea of double jeopardy. Appellant had been earlier tried for the same crime, but the jury was discharged before it reached a verdict. Appellant seeks to prevent re-trial by the writ. He alleges that the trial court abused its discretion by prematurely discharging the jury prior to verdict and declaring a mistrial. Appellant claims the jury should not have been discharged, that jeopardy had attached, and that a second trial would again place him in jeopardy for the same…