Picked a jury yesterday for a trial starting tomorrow (we pick two here - one to start the next day and one for when the prior is finished).
Jury picked but not sworn.
Trooper had to leave w/family emergency.
Defense objects to continuance (understandable).

Question is, if case is dismissed, has jeopardy attached and if not, can it be refiled?
I am fairly certain that no jeopardy has attached and it can be refiled, but what do you think? Should we?

In a jury trial, double jeopardy attaches when the jury is selected, sworn and impanelled. Ex parte Hubbard, No. 864-88 (Tex. Crim. App. 11/14/90); Brown v. State, 907 S.W.2d 835 (Tex. Crim. App. 1995); Ex parte Hayes, No. 02-96-125-CR (Tex. App. -- Fort Worth 10/3/96).