Moseley v. State

Citations

• 33 Tex. 671

Syllabus

<p>X. A defendant charged with a capital offense is subject to be tried on the same charge a second time, after the first jury impanneled in Lis ease were discharged by the court on account of their inability to agree. Such second trial is not inhibited by the provisions of the Constitution of the United States and of this State, protecting persons from being twice put in jeopardy of life for the same offense.</p> <p>2. The statutory provision (Paschal’s Digest, Article 3084) that the court may, m its discretion, discharge a jury who have been kept together for such a time as to render it altogether improbable they can agree, is not in violation or derogation of the constitutional guaranty above referred to.</p>