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Texas Code of Criminal Procedure

§ 37.14 — ACQUITTAL OF HIGHER OFFENSE AS JEOPARDY

CR § 37.14Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 37. THE VERDICT

Statute text

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If a defendant, prosecuted for an offense which includes within it lesser offenses, be convicted of an offense lower than that for which he is indicted, and a new trial be granted him, or the judgment be arrested for any cause other than the want of jurisdiction, the verdict upon the first trial shall be considered an acquittal of the higher offense; but he may, upon a second trial, be convicted of the same offense of which he was before convicted, or any other inferior thereto.

Legislative history

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Source: Texas Code of Criminal Procedure § 37.14 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.