Legal Opinion · Dissent

Ex Parte Johnson

Court of Criminal Appeals of Texas

Decided October 31, 1956No. 28614Published

1DissentDavidson, Judge

Each of the several judgments entered against relator fail upon their face to comply with the mandate of Art. 10a, Vernon’s C.C.P., in that it is not shown or recited therein that the attorney representing the state in each case consented in writing to the waiver of trial by jury by the relator, and that such written consent was filed in the papers of each case.

The deputy district clerk who had charge of the records and papers in the cases mentioned testified as follows:

“I do not find in these cases any record showing that the District Attorney or his duly authorized Assistant District…

2Cases cited5 opinions

  1. Thompson v. StateCourt of Criminal Appeals of Texas · 1950
  2. Ex Parte DooleyCourt of Criminal Appeals of Texas · 1952
  3. Ex Parte FosterCourt of Criminal Appeals of Texas · 1955
  4. Schoolcraft v. StateCourt of Criminal Appeals of Texas · 1936
  5. Ex parte TurnerCourt of Criminal Appeals of Texas · 1956

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