Moseley v. State
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Samuel L. Earle. This is an appeal from a determination of the court below of a writ of habeas corpus. The appellant, together with Gus Moseley, was charged with the murder of Duff Williams. They severed in their defenses. In the appellant’s case the jury failed to agree, and finally were discharged by the court helow, without the consent of the appellant or his counsel.
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Appeal from Smith. Tried below before the Hon. Samuel L. Earle. This is an appeal from a determination of the court below of a writ of habeas corpus. The appellant, together with Gus Moseley, was charged with the murder of Duff Williams. They severed in their defenses. In the appellant’s case the jury failed to agree, and finally were discharged by the court helow, without the consent of the appellant or his counsel. After the mistrial the appellant sued out this writ, on the ground that having once been put in jeopardy of life he could not he tried a second time. The court below decided…
1Opinion of the CourtOgden, J.
The question presented by the record and pleading in this case for adjudication by this court, is the legitimate interpretation and construction of that clause of the Constitution of *672the United States, which provides that, “no person shall he subject for the same offense to be twice put in jeopardy of life or limb,” and the "consequent interpretation and force of the Constitution and laws of this State,, in relation to the subject. The Constitution of this State declares that “ no person for the same offense shall be twice put in jeopardy of life.” And appellant claims, that as he has once…
2Cited by10 opinions
- Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
- McElwee v. StateCourt of Criminal Appeals of Texas · 1979
- State v. UlrichSupreme Court of Missouri · 1892
- Johnson v. StateCourt of Criminal Appeals of Texas · 1914
- State v. KeerlMontana Supreme Court · 1906
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