Ex Parte Johnson

OPINION

MORRISON, Judge.

This is an application for post conviction relief under Article 11.07, Vernon’s Ann. C.C.P.

Appellant’s conviction for assault with intent to rape was appealed to this Court and affirmed in Johnson v. State, 432 S. W.2d 98 (1968). His first two grounds of error in that appeal related to former jeopardy. Subsequent to our affirmance, the Supreme Court of the United States handed down its opinion in Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970), and the concurring opinion of Presiding Judge Onion of this Court in Hutchings v. State, 466 S.W.2d 584…