State of Texas, ex Rel., John B. Holmes v. Honorable Woody R. Denson, Judge, Respondent

Summary

The Texas Court of Criminal Appeals denied the district attorney's petition for a writ of mandamus to set aside a trial judge's dismissals with prejudice and his order prohibiting the State from refiling charges. The court held that mandamus does not lie to vacate the dismissals because the judge lost jurisdiction, but it will vacate the portion of the order barring refiling without issuing a writ. The decision rests on the principle that a judge who dismisses an indictment loses jurisdiction over the case.