Utzman v. State
Court of Criminal Appeals of Texas
At the trial the appellant pleaded specially, that the district judge was disqualified from trying the case, because at the time of the alleged commission of the offense said judge was the district attorney of said district and county in which it was committed, and was holding said office at the term of court at which appellant was indicted. This plea was overruled, and the facts connected therewith are fully stated in the opinion.
Read the full summary
At the trial the appellant pleaded specially, that the district judge was disqualified from trying the case, because at the time of the alleged commission of the offense said judge was the district attorney of said district and county in which it was committed, and was holding said office at the term of court at which appellant was indicted. This plea was overruled, and the facts connected therewith are fully stated in the opinion. At the trial appellant was convicted of murder of the first degree, the penalty being a life term in the penitentiary. It is not necessary to give a detailed…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at imprisonment for life.
1. We do not think that the district judge was disqualified from sitting in this case. It is true he was district attorney at the time the homicide was committed, but being elected district judge at the November election,, and to avoid disqualifying himself, he declined to attend the sittings of the grand jury, and had the district attorney elect appointed by the court, who entered on the discharge of such duties on the opening of the court on the 5th of December, and…
2Cited by17 opinions
- Gamez v. StateCourt of Criminal Appeals of Texas · 1987
- Hathorne v. StateCourt of Criminal Appeals of Texas · 1970
- Lee v. StateCourt of Criminal Appeals of Texas · 1977
- Jones v. StateCourt of Criminal Appeals of Texas · 1894
- Muro v. StateCourt of Criminal Appeals of Texas · 1965
12 more not listed; retrieve them via the Exa API.