Ex Parte Zerschausky

DISSENTING OPINION

MORRISON, Judge.

This case was assigned to me originally, and I prepared the following opinion in which my brother ONION, J., joined. We now adopt such opinion in its entirety as our dissent in order to fully reflect our views.

“On December 28, 1966, the Honorable Archie S. Brown, Judge of the 144th District Court of Bexar County, held a hearing and certified the record thereof to this Court for appropriate action under Article 11.07, V.A.C.C.P.

On April 1, 1963, relator was tried in said 144th District Court under an indictment charging him with murder which resulted in a…