Smith v. Flack

“While unconstitutional exercise of power by the executive and legislative *797branches of government is subject to judicial restraint, the only check upon our own exercise of power is our own sense of self restraint.” Stone, J., United-States v. Butler, 297 U.S. 1, 78, 56 S.Ct. 312 [324], 80 L.Ed. 477, 495, 102 A.L.R. 914 (1936).

The authority of the Court of Criminal Appeals to issue a writ of mandamus is limited. It may issue such writ only “in criminal law matters.” Article V, § 5, Texas Constitution, as amended Nov. 4, 1980, effective Sept. 1, 1981. See also Article 4.04, V.A.C.C.P. The…