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STATE EX REL. HAWTHORN v. GIBLIN

No. 60487.

589 S.W.2d 431 (1979)

STATE of Texas ex rel. Joseph C. HAWTHORN, Special Prosecutor, 252nd Judicial District, Jefferson County, Texas Relator, v. Leonard J. GIBLIN, Jr., Judge, 252nd Judicial District Court, Jefferson County, Texas, Respondent.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied September 19, 1979.

Attorney(s) appearing for the Case

Joseph C. Hawthorn, Beaumont, for relator.

Richard D. Hughes, Nederland, Robert Huttash, State's Atty., Austin, for respondent.

Before DALLY, W. C. DAVIS and CLINTON, JJ.

Rehearing En Banc Denied September 19, 1979.

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...

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