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

Summary

The Court of Criminal Appeals affirmed the Court of Appeals' judgment reinstating the jury's DWG conviction, holding that a trial court lacks authority to grant a judgment non obstante veredicto in a criminal case, that such an order is functionally equivalent to a new‑trial order and thus appealable under Art. 44.01(a)(3), and that the State's appeal does not violate double jeopardy. Justice Clinton dissented, arguing the trial court had no power to grant a JNOV and the State lacked appellate authority.