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  5. 877 S.W.2d 752 (1994)
 

EX PARTE QUEEN

No. 921-92.

877 S.W.2d 752 (1994)

Ex Parte Timothy Hugh QUEEN.

Court of Criminal Appeals of Texas.

On Rehearing May 18, 1994.

Dissenting Opinion to Denial of Motion for Rehearing May 18, 1994.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. & J. Harvey Hudson & Bill Hawkins, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Opinion of Judge Baird Dissenting to Denial of Appellant's Motion for Rehearing May 18, 1994.

On Rehearing En Banc May 18, 1994.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

This is a pre-trial application for writ of habeas corpus seeking to bar a retrial on double jeopardy grounds after the trial court has granted appellant's motion for new trial on a ground other than insufficient evidence. The trial...

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