Smith v. State

KELLER, P.J.,

filed a dissenting opinion in which KEASLER, and HERVEY, JJ., joined.

Appellant was indicted for capital murder. The State later moved for a dismissal of that indictment, and an order of dismissal was entered. Appellant was later indicted for murder. He filed with this Court a motion for leave to file an application for writ of mandamus, claiming that the prosecution violated an immunity agreement between appellant and the State. The trial judge filed a response. We denied appellant’s motion for leave to file. The prosecution proceeded, and now appellant claims, on appeal, that…