Murray v. State
Texas Supreme Court
Appeal from El Paso» Tried' Below before John G. Atkinson, Esq., sitting as a special judge. The district judge, it appears, was disqualified, from some cause, from sitting in this case, and by consent' of the district attorney and the defendant, it was tried- by John G. Atkinson, Esq., as special judge. The defendant was a colored soldier, and was indicted for the-murder of a Mexican. The verdict was murder in the first degree.
1Opinion of the Court
Walker, J:
In this case both the Attorney General and the 'counsel lor defendant agree that the judgment of the district court ■should be reversed.
It was an indictment for murder, and the district judge being disqualified from trying the case, the record says, “the parties” agreed upon a special judge. We hold that the State is not a “ party ” within the meaning of the Constitution, who can consent to the trial by a special judge, and the district attorney had no power to consent to such a trial. In certain cases, provided for, the Governor may appoint a special judge to sit.
We need not decide…
2Cited by2 opinions
- Davis v. StateTexas Supreme Court · 1876
- Early v. StateCourt of Appeals of Texas · 1880