dissenting.
Because the majority opinion is just as legally wrong as the majority panel opinion of this Court was in Aliff v. State, 627 S.W.2d 166 (Tex.Cr.App.1982), which is the majority’s authority for reversing the excellent opinion of the Beaumont Court of Appeals, which was authored by its Chief Justice, Hon. Martin Dies, Jr., I am compelled to dissent for the same reasons I expressed in the dissenting opinion I filed in Aliff v. State, supra. I point out that no rehearing was sought by either the defendant or the State in Aliff v. State, supra. Thus, Aliff only represents the voice of one former judge of this Court, who was joined in chorus by another former judge of this Court. Aliff, supra, along with all cases which have followed it, should be expressly overruled.
The decision of the Beaumont Court of Appeals, finding that the taking of appellant’s blood without a warrant was error, should be affirmed. However, its decision ordering an acquittal is clearly erroneous. Therefore, the judgment of the court of appeals should be affirmed but the cause should be remanded to the trial court for retrial. To the failure of the majority to enter such an order, I respectfully dissent.
MILLER, J., joins.