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SHUTE v. STATE

No. B14-90-926-CR.

812 S.W.2d 61 (1991)

John Lee SHUTE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled June 27, 1991.

Discretionary Review Granted September 11, 1991.

Attorney(s) appearing for the Case

Ken J. McLean, Houston, for appellant

Timothy G. Taft, Houston, for appellee.

Before PAUL PRESSLER, JUNNELL and ELLIS, JJ.

OPINION

ELLIS, Justice.

Appellant John Lee Shute, appeals the trial court's denial of his writ of habeas corpus claiming the prosecution for the attempted murder involving the same purported act and complainant is barred by double jeopardy where appellant had been acquitted of the same offense. We reverse the trial court's judgment and order the indictment in the attempted murder case dismissed.

Appellant was initially convicted in a trial to the...

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