The State of Texas, Appellant v. Leatha Dry Johnson, Appellee

Summary

The Texas Court of Criminal Appeals held that a trial court may not dismiss a criminal case without the prosecutor's consent and that such a dismissal does not waive the original court's jurisdiction; consequently it vacated the Court of Appeals' decision and remanded with instructions to return the case to the first court. Justice Clinton filed a concurring opinion reiterating the same conclusions.