Marta and Bonado v. State

A motion for rehearing was submitted in this cause on last Wednesday, December 20, 1916, and at the same time appellants' counsel also submitted a motion in which they alleged that Judge Harper had ceased to be a member of the court, by reason of the fact that he had formed a partnership with Hudspeth Dale of El Paso, and had been actually engaged in the practice of law since November 20th.

Were each and every allegation in the motion true, Judge Harper's membership in this court would not be vacated thereby. It is true that article 334 provides that "No judge of the Court of Criminal Appeals…