Ex parte Carter

*757OPINION

ONION, Justice (Retired).1

This is an attempted appeal from a pretrial writ of habeas corpus in which the appellant claimed violation of the double jeopardy provisions of the federal and state constitutions. On November 21, 1991, appellant filed an “Application for Writ of Habeas Corpus” with a prayer that the trial court conduct “an evidentiary hearing on this application....” The application was filed under the cause number of the pending murder indictment in cause number 91-CR-1005.2 The application alleged that applicant was originally indicted for murder in cause number 91-CR-1005,…