Mosley v. State

ON MOTION FOR REHEARING

MORRISON, Judge.

Appellant again urges that this cause should be reversed because there was not a proper transfer of the case from Criminal District Court No. 3 to Criminal District Court No. 5 in accordance with Article 52-158b, Sec. 3, V.A.C.C.P. This question was raised for the first time on appeal.

In addition to what we said on original submission, we note that in the recent case of McNeal v. State, 171 Texas Cr. Rep. 180, 346 S.W. 2d 345, construing Article 52-185b, supra, we said:

“In counties in which there are two or more district courts having concurrent…