Ex Parte Allen

OPINION ON STATE’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

On original submission we granted relief upon a post-conviction application for a writ of habeas corpus. Art. 11.07, V.A.C. C.P. We withdraw our original opinion and the following opinion is substituted therefor.

Upon reconsideration we find it unnecessary to examine the validity of petitioner’s waiver of examining trial in the district court. Absent valid waiver of jurisdiction by the juvenile court, the district court did not obtain jurisdiction to try petitioner for capital murder. We find no such waiver by the juvenile court.…