Ex Parte Boehme
Court of Criminal Appeals of Texas
1ConcurrenceMorrison, Judge
[concurring].
I agree that this court is without jurisdiction to make any order in this proceeding, but I cannot bring myself to agree with the opinion of my brethren wherein they hold that the tribunal referred to in Section 3 of Article 932a is the county court of the county where prosecution was originally instituted. As I see the matter, the criminal district court of Dallas acquired jurisdiction of the relator when prosecution was instituted therein and must retain jurisdiction to the exclusion of all other courts. The opinion of my brethren empowers a county court to set aside a judgment…
2Cases cited2 opinions
- Ex Parte FraileyCourt of Criminal Appeals of Texas · 1944
- Wright v. StateCourt of Criminal Appeals of Texas · 1940