Lucas v. State

Dissenting Opinion

Arterburn, J.

The majority opinion holds that the court lost jurisdiction of the original charge which was filed (and later dismissed) because an affidavit for change of judge was filed on January 26, 1965. The record, however, shows that the appellant pleaded not guilty on March 20, 1964, and the time had long ago expired within which the defendant had a right to file an affidavit for change of venue and there was no automatic loss of jurisdiction.

The State filed a second charge after the first was dismissed. It was pending and thereafter the appellant filed a plea in…