(Download) "Ex Parte Verdis Dewayne Hubbard v. State Texas" by Court of Criminal Appeals of Texas No. 864-88 " eBook PDF Kindle ePub Free
eBook details
- Title: Ex Parte Verdis Dewayne Hubbard v. State Texas
- Author : Court of Criminal Appeals of Texas No. 864-88
- Release Date : January 14, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Opinion ON STATE'S PETITION FOR DISCRETIONARY REVIEW W.C. DAVIS, Judge. The appellant, Verdis Dewayne Hubbard, was indicted in 1987 for burglary of a habitation and burglary of a motor vehicle,
the indictment indicating the offenses occurred four days apart. After a jury was selected, sworn and impanelled for trial,
appellant made an oral motion to compel the State to elect between the counts in the indictment based upon misjoinder of the
offenses. The State argued it wished to proceed with the evidence and then make its election at the time the charge was given
to the jury. There was general agreement between the parties and the court that the two counts had been misjoined. The State
requested the jury be dismissed as they had been told of the two offenses during voir dire. The defense counsel objected to
any mistrial because a jury was impanelled and he was ready to proceed. The trial judge granted defendant's first motion to
compel the State to elect a count. He concurrently granted the State's motion to dismiss so the trial could be re-set. The
State announced it would re-indict the defendant and court was adjourned.
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