Wilson v. State

The Constitution of the State of Texas mandates that before entering upon the duties of office each Judge of this Court, like every other officer and member of the Legislature, swear or affirm that he will faithfully execute the duties of office and “will to the best of my ability preserve, protect, and defend the Constitution and laws” of the State of Texas and of the United States.1 Accordingly, we are obliged to take the law as we find it and follow it, to the end that the law is preserved, protected and defended.

Article 36.19, V.A.C.C.P., alluded to in the dissenting opinion, is rooted in…