Ex Parte Lane

OPINION

LATTIMORE, Justice.

This is an appeal from a denial of a pretrial writ of habeas corpus alleging that trial on the merits would subject appellant, Bert De Wayne Lane a/k/a De Wayne Shepard, to double jeopardy. Appellant perfected this appeal of that ruling.

We affirm.

Appellant was indicted for the offense of capital murder on September 26, 1989. See Tex.Penal Code Ann. § 19.03 (Vernon 1989). Appellant filed an application for writ of habeas corpus seeking to have bail set on December 14, 1989. A writ was issued and a hearing was held on January 4, 1990, at which time the court denied…