Legal Opinion

Porter v. State

Court of Criminal Appeals of Texas

Decided April 12, 1905No. 2870PublishedCited by 8 opinions

The evidence of two children was that they had seen defendant standing, about the time charged in the information, inside of his field fence, and he had his gun leaning upon the fence, and he had something sticking in his pocket that looked like a piece of iron or chisel. There was brush about there, and just before witnesses saw defendant, they saw prosecutor’s cow running through the brush and against trees like she couldn’t see and blood was running out of her eyes.

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The evidence of two children was that they had seen defendant standing, about the time charged in the information, inside of his field fence, and he had his gun leaning upon the fence, and he had something sticking in his pocket that looked like a piece of iron or chisel. There was brush about there, and just before witnesses saw defendant, they saw prosecutor’s cow running through the brush and against trees like she couldn’t see and blood was running out of her eyes. Witnesses spoke to defendant, but he did not speak to them. They did not see him strike the cow. Defendant had an…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of a misdemeanor, and prosecutes this appeal.

Appellant contends that this conviction cannot be maintained, because under the Constitution it was not competent for the Legislature to have authorized the election of a special judge to hold said county court. Article 1132b, Bevised Civil Statutes provides, if at the time appointed to hold a county court the judge should not appear, members of the bar can elect a special judge to hold the term of court. The contention is that there is nothing in the Constitution which authorized this procedure; and that…

2Cases cited4 opinions

  1. Lytle v. HalffCourt of Appeals of Texas · 1889
  2. Ex Parte WilbargerCourt of Criminal Appeals of Texas · 1900
  3. Dancey v. StateCourt of Criminal Appeals of Texas · 1896
  4. Scott v. StateCourt of Criminal Appeals of Texas · 1902

3Cited by8 opinions

  1. Grissom v. StateCourt of Criminal Appeals of Texas · 1931
  2. Ford v. SimmonsCourt of Appeals of Texas · 1914
  3. Choate v. StateCourt of Criminal Appeals of Texas · 1920
  4. Grisson v. StateCourt of Criminal Appeals of Texas · 1931
  5. Cabiness v. StateCourt of Criminal Appeals of Texas · 1912

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