[Download] "Randall Douglas Sewell v. State Texas" by 266 Court of Criminal Appeals of Texas No. 63 " eBook PDF Kindle ePub Free
eBook details
- Title: Randall Douglas Sewell v. State Texas
- Author : 266 Court of Criminal Appeals of Texas No. 63
- Release Date : January 25, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Opinion ON APPELLANT'S MOTION FOR REHEARING W.C. DAVIS, Judge. On original submission appellant's conviction for murder was affirmed. We held the trial judge was justified in ordering a mistrial due to manifest necessity after he had erroneously overruled appellant's motion to shuffle the names of the jury panel and proceeded to select a jury, empanel and swear them. In his motion for rehearing appellant now agrees that [i]f automatic reversal would have followed a conviction the trial court was empowered under the doctrine of 'manifest necessity' to order a mistrial upon its own motion and over Appellant's objection. However, he contends that his motion to shuffle was not timely filed so no automatic reversal would have followed the overruling of the motion. Thus, he argues, the ordering of a mistrial was not a manifest necessity.
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