Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Thomas R. Young, Emma L. Horn, Ambus Horn, Curtis J. McKelvey, Appellees

June 5, 19911991 Tex. Crim. App. LEXIS 120

Summary

The Texas Court of Criminal Appeals affirmed the Court of Appeals' jurisdiction to hear the State's appeal of the trial court's order granting a writ of habeas corpus that effectively terminated the prosecution, holding that such orders are appealable under Article 44.01 regardless of the label or the validity of the indictment. The Court rejected the appellees' arguments that lack of a proper presentment of the indictments barred the appeal and emphasized a liberal construction of the statute.