A man convicted of murder after three bloodhounds allegedly matched his scent to the victim should be set free because the evidence against him was not legally sufficient, the Texas Court of Criminal Appeals ruled Wednesday.

The court acquitted Richard Winfrey Sr., reversing his 2007 conviction in the murder of high school janitor Murray Burr in the small town of Coldspring, about 60 miles north of Houston.

Under the ruling, prosecutors will not be allowed to retry the case.

Winfrey remained in state prison Wednesday. His attorney, Shirley Baccus-Lobel, said she planned to immediately file a motion for his release with the state appeals court. It is possible he could be freed by Friday, his 57th birthday.

"We thank God first and then Shirley second," said Vicky Winfrey-Daffern, the defendant's sister. "We are so overjoyed. Everybody's turning flips."

The main evidence against Winfrey in the 2004 murder was a positive scent identification from three bloodhounds named Quincy, James Bond and Clue. The dogs belong to former Fort Bend Sheriff's Deputy Keith Pikett, who retired earlier this year after being targeted by the Innocence Project of Texas, a group that claims the ex-lawman passes off junk science as legitimate investigative techniques.

Pikett is a defendant in at least three lawsuits from men saying they were wrongly jailed after his dogs linked them to crimes they did not commit. He did not return a message left by The Associated Press.