Legal Opinion · Dissent

Rowland v. State

Court of Criminal Appeals of Texas

Decided October 17, 1958No. 28,357Published

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, *122my brethren have not only failed to pass upon…

2Cases cited13 opinions

  1. Gilderbloom v. StateCourt of Criminal Appeals of Texas · 1954
  2. Ex Parte ChernoskyCourt of Criminal Appeals of Texas · 1949
  3. Ex Parte SlaughterCourt of Criminal Appeals of Texas · 1922
  4. Smith v. StateIndiana Supreme Court · 1917
  5. Parroccini v. StateCourt of Criminal Appeals of Texas · 1921

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