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STATE EX REL. WADE v. MAYS

No. 69329.

689 S.W.2d 893 (1985)

The STATE of Texas ex rel. Henry WADE, Criminal District Attorney, Dallas County, Petitioner, v. Honorable Richard MAYS, Judge, 204th District Court, Dallas County, Respondent.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 29, 1985.

Attorney(s) appearing for the Case

Hal E. Turley, Sharon L. Caldwell, Dallas, for respondent.

Richard A. Anderson, Dallas, for the interested party Cathy Cody.

Jan E. Hemphill, Dallas, for the interested party Joe Cody, Jr.

Henry Wade, Dist. Atty. and James R. Nelson, Asst. Dist. Atty., Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CLINTON, Judge.

This cause seeks to invoke the original subject matter jurisdiction of the Court provided by Tex. Const. V, § 5,1 and is denominated an original application for writ of prohibition by the petitioner. The salient undisputed facts follow.

I.

COMMENCEMENT OF CRIMINAL ACTION

On March 12, 1984,2 one Joseph...

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