Ex Parte Matthews

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was indicted for aggravated perjury, and she filed a pre-trial writ of habeas eoipus. She appealed to the First Court of Appeals after the trial court denied relief, claiming that prosecution on the indictment was barred by the two year statute of limitations applicable to aggravated perjury. Article 12.03(d), V.A.C.C.P.1 The court of appeals dismissed the appeal for want of jurisdiction, holding that appellant could not challenge an indictment in a pre-trial writ of habeas corpus proceeding. Ex parte Matthews, 846…