Ex Parte George

DISSENTING OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Appellant was charged by information with having committed the offense of criminally negligent homicide. He filed a pre-trial application for habeas corpus contending that a previous acquittal of this offense barred further prosecution. The trial court denied relief, but the court of appeals reversed, ordering that appellant be discharged. Ex parte George, 874 S.W.2d 916 (Tex.App.—Houston [1st] 1994). The State’s petition was granted to determine whether a judgment of acquittal entered after the trial court improperly denies the…