Garza v. State

DAVIDSON, Judge.

This is a conviction for murder without malice; the punishment, five years in the penitentiary.

This prosecution arose in Duval County. The venue for trial was transferred to Jim Wells County.

The record affirmatively reflects that the case was tried by and before a special judge because the regular judge was disqualified.

The special judge subscribed to the so-called old oath of office —that is, the oath of office prescribed by the Constitution of this State prior to the adoption of the amendment to Art. 16, Sec. 1, of the Constitution of this State in 1938. The special judge…