Legal Opinion · Dissent

Rowland v. State

Court of Criminal Appeals of Texas

Decided January 30, 1957No. 28357Published

1DissentDavidson, Judge

This court was created for the purpose of furnishing to one convicted of crime a tribunal to which he might appeal for a determination as to the legality of that conviction.

In keeping with that purpose, I now entertain and have always entertained the view that every appellant is entitled to his day in court and to have this court pass upon his appeal. Prior to the opinion in this case I could not believe this court would affirm a conviction without performing that judicial function. That, however, is exactly what has happened here. In this case, my brethren have not only failed to pass upon…

2Cases cited2 opinions

  1. Gilderbloom v. StateCourt of Criminal Appeals of Texas · 1954
  2. Rowe v. StateCourt of Criminal Appeals of Texas · 1955

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