Legal Opinion · Dissent

Allen v. State

Court of Criminal Appeals of Texas

Decided February 24, 1960No. 31218Published

1DissentDavidson, Judge

Changing the venue in this case over appellant’s objection was error which requires a reversal of this conviction.

The judge of the 51st Judicial District Court of Tom Green County, the court in which the indictment in this case was filed and pending, reached the conclusion that the venue of the case should be changed to Nolan County and, upon his own motion and without either the state or the appellant requesting or seeking a change of venue, entered the order changing the venue.

The reasons prompting and upon which that order was entered are stated in the order, as follows:

“And it appearing…

2Cases cited14 opinions

  1. Stroble v. CaliforniaSupreme Court of the United States · 1952
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1951
  3. Kizzee v. StateCourt of Criminal Appeals of Texas · 1958
  4. Slater v. StateCourt of Criminal Appeals of Texas · 1958
  5. McCarley v. StateCourt of Criminal Appeals of Texas · 1955

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