The State of Texas, Appellant v. Johnny Horace Savage, Iii, Appellee

Summary

The Court affirmed the Court of Appeals' judgment, holding that a trial court lacks authority to grant a judgment non obstante veredicto in a criminal case and that such a judgment is functionally equivalent to a new trial for insufficient evidence, making it appealable under Article 44.01(a)(3). The dissent argued the State had no right to appeal and criticized the functional equivalence analysis.