Allen v. State

EARL W. SMITH, Justice.

This appeal presents for our consideration several aspects of the federal and state prohibitions against being twice placed in jeopardy. U.S. Const.Ann. amend. V; Tex. Const.Ann. art. I, § 14. We are required to resolve the following questions. At what stage of the proceedings of a state bench trial is the defendant first placed in jeopardy? Under what circumstances may a judge sua sponte terminate a trial to the court, after taking of testimony begins and before rendition of judgment, and set the cause down for a jury trial? When must a defendant assert his claim of…