Ford v. State

To my mind, the holding in the case of Blackman v. State, 20 S. W. 2d 783, is unanswerable, and shows that the appeal in this case ought not to be dismissed.

That case has been here overruled by the court, notwithstanding the fact that it was expressly approved as late as Braun v. State, 158 Tex. Cr. R. 394, 257 S. W. 2d 708. The case of Allen v. State, 138 Tex. Cr. R. 523, 137 S. W. 2d 780, holding-contrary to the Blackman case and in keeping with the instant holding, was there expressly overruled.

The Blackman case announces the correct rule that inasmuch as there is only one court to which…