January v. State
Court of Criminal Appeals of Texas
Defendant filed a special plea, setting up the disqualification of the Hon. R. B. Whitton,-to sit upon the hearing of said case, because the said County Judge was a brother of the alleged injury party, W. E. Whitton, who was the owner of the hog charged to have been killed. The County Attorney filed a demurrer to this special plea; presumably this demurrer was sustained and the special plea stricken out. Ho further statement necessary.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of malicious mischief, in killing a hog with intent to injure the owner thereof. The information charges that the appellant did wantonly wound and kill one hog, the corporeal personal property of W. E. Whitton, with the intent of said Derus January then and there to injure the owner of the said hog. Counsel for appellant, when the case was called for trial, interposed an objection to the qualification of Hon. R. B. Whitton, County Judge, to try this case. This objection was in writing, and alleges that W. E. Whitton (the owner of the hog) and the Hon.…
2Cases cited2 opinions
- Chambers v. HodgesTexas Supreme Court · 1859
- Davis v. StateTexas Supreme Court · 1876
3Cited by17 opinions
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