4,834
edits
Texas Constitution:Article I, Section 14: Difference between revisions
Jump to navigation
Jump to search
Texas Constitution:Article I, Section 14 (view source)
Revision as of 19:23, July 6, 2023
, July 6, 2023no edit summary
m (Text replacement - ")↵↵}}" to ") |seo_title= |seo_keywords= |seo_description= |seo_image_alt=Texas Bill of Rights }}") |
No edit summary |
||
| Line 19: | Line 19: | ||
* ''Stephens v. State'', 806 S.W.2d 812, [https://scholar.google.com/scholar_case?case=4366008416892929287#p814 814-15] (Tex.Crim.App. 1990) (citations omitted) ("The prohibition against double jeopardy is found in the Fifth Amendment to the United States Constitution. A similar provision may be found in Art. I, § 14 of the Texas Constitution. The Fifth Amendment prohibition against double jeopardy is fully applicable to the States through the Fourteenth Amendment. Conceptually, the State and Federal double jeopardy provisions are identical. . . . The central issue in this case was reserved by the Supreme Court in ''Greene v. Massey'', namely, whether appellate reversal of a conviction for a greater offense precludes retrial for a lesser offense.") | * ''Stephens v. State'', 806 S.W.2d 812, [https://scholar.google.com/scholar_case?case=4366008416892929287#p814 814-15] (Tex.Crim.App. 1990) (citations omitted) ("The prohibition against double jeopardy is found in the Fifth Amendment to the United States Constitution. A similar provision may be found in Art. I, § 14 of the Texas Constitution. The Fifth Amendment prohibition against double jeopardy is fully applicable to the States through the Fourteenth Amendment. Conceptually, the State and Federal double jeopardy provisions are identical. . . . The central issue in this case was reserved by the Supreme Court in ''Greene v. Massey'', namely, whether appellate reversal of a conviction for a greater offense precludes retrial for a lesser offense.") | ||
* ''Thomas v. State'', 40 Tex. 36, [https://texaslegalguide.com/images/ | * ''Thomas v. State'', 40 Tex. 36, [https://texaslegalguide.com/images/040_Tex_36.pdf#page=3 38] (1874) ("The right to interpose this ground of defense is not derived from the code, but from the constitution. It is a right secured to the citizen by all of our American constitutions, which declare that 'no person for the same offense shall be twice put in jeopardy of life,' etc. Const. art. 1, sec. 12. This right had been established . . . . Its meaning and the extent of its application had also been settled by that law, both in England and America, before Texas had existence as a state. When, then, this right was declared in the constitution, it is undoubtedly presumed that the same construction and application of it was designed to be secured.") | ||
|seo_title= | |seo_title= | ||