Texas Code of Criminal Procedure - Article 37.14. Acquittal Of Higher Offense As Jeopardy

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Art. 37.14. [702] [782] [762] ACQUITTAL OF HIGHER OFFENSE AS 
JEOPARDY.  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.

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

Last modified: August 10, 2007