State Ex Rel. Hawthorn v. Giblin

OPINION

DALLY, Judge.

This is an original application for a writ of prohibition to prevent the respondent from entering a judgment of acquittal in Jefferson County Cause No. 36,326. This Court has jurisdiction to consider this application. Texas Constitution Art. V, Sec. 5.

The record contains the following agreed statement of facts:

“FORD CUMMINGS was indicted on September 21, 1978 in Jefferson County, Texas, in Cause No. 36326, for Attempted Murder of Arthur L. Holdeman, which was alleged to have occurred on March 22, 1976.

“On or about October 4, 1978 Michael Matheny and Joe Goodwin were…