Chapa v. State

DAVIDSON, Judge.

This is a conviction for misapplication of public funds; the punishment, five years in the penitentiary.

The prosecution arose in Duval County. Upon the court’s own motion and over appellant’s objection, the venue was changed to Pecos County.

Before announcing ready for trial in this case, appellant filed and presented to the trial court his sworn motion for severance, seeking to have his co-indictee Oscar Carrillo, Sr., first placed upon trial. The motion contained all the requisites enumerated by Art. 651, C.C.P., for such a motion. The motion went further than required by…