State Ex Rel. Holmes v. Denson

OPINION

CAMPBELL, Judge.

This is an original application for writ of mandamus by which the District Attorney of Harris County, as applicant, seeks to have a pre-trial order entered by respondent trial judge set aside. Tex.Const. Art. V, Sec. 5; Art. 4.04, V.A.C.C.P. Applicant alleges that respondent exceeded his authority in holding V.T.C.A. Penal Code, Sec. 71.03 (defenses excluded under Organized Criminal Activity statute) unconstitutional and ordering six indictments under Sec. 71.02, supra “dismissed with prejudice.”1 Applicant, being the Harris County District Attorney and thus…