Ex parte Pruitt

So long as there is a code of criminal procedure whose revision came a decade earlier than enactment of a “modelized” penal code, difficulties similar to those besetting us in the case at bar are not likely to abate. In my view, problems of interpreting and construing related provisions of each were inevitable. The Code of Criminal Procedure sprang from one source — a committee of the State Bar of Texas working to update our existing code, particularly in light of needs seen in recent decisions of the Supreme Court of the United- States; whereas the Penal Code is the creature of another —…