Wyatt v. State

LATTIMORE, Judge.

— Conviction for murder; punishment, fifteen years in the penitentiary.

We find in the record no statement of facts. A motion was filed to disqualify the county attorney upon the ground that he was paid by fees and not by the payment of a salary. There is nothing in the contention. Such officer performs no judicial or magisterial service in such prosecution. The authority of Ex parte Kelly, 10 S. W. (2d) 728, is not in point, nor do we find anything in Art 5, Sec. 11 of the Constitution of Texas contrary to the view we have just expressed.

We find in the record six bills of…