Porter v. State

On December 31, 1912, the grand jury of Dallas county indicted appellant in criminal district court No. 2 of Dallas county for the murder of Jesse Franklin, alleged to have been committed on December 29, 1912. He was tried at the January term, 1913, and the verdict rendered on January 16th assessed Ms punishment at death. The term of the court at which he was tried convened on January 6, 1913, and adjourned on April 6, 1913.

The record shows, and we judicially know, that Judge Barry Miller was the judge of that court and that he did not resign as such judge until February 10, 1913. We also…