OPINION
ELSA ALCALA, Justice.
Appellant, Lemuel Anthony McNeil, appeals the trial court's denial of his application for pretrial writ of habeas corpus brought pursuant to TEX.CODE CRIM. PROC. ANN. art. 11.08 (Vernon 2005). Appellant was indicted on two charges, capital murder and arson. See TEX. PEN.CODE ANN. §§ 19.03(a)(8), 28.02(a)(2)(A) (Vernon Supp.2005). A trial by jury was held for the capital murder offense, and the jury acquitted...
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