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STATE v. MARSHALL

No. 05-91-00258-CR.

814 S.W.2d 789 (1991)

The STATE of Texas, Appellant, v. David James MARSHALL, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled September 6, 1991.

Attorney(s) appearing for the Case

Gary A. Udashen, Dallas, for appellant.

Sue Korioth, Dallas, for appellee.

Before ENOCH, C.J., and LAGARDE and MALONEY, JJ.

OPINION

LAGARDE, Justice.

The State of Texas appeals the trial court's order granting David James Marshall relief under a pretrial writ of habeas corpus. In a single point of error, the State contends that the trial court erroneously granted relief under the writ on double jeopardy grounds. We agree. Accordingly, we reverse the trial court's order. We hold that the State is not barred from prosecuting cause number F88-90590 in the 291st District Court of...

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