Davis v. State
Texas Supreme Court
Appeal from Goliad. Tried below before the Hon. M. H. Shive, special judge. Davis was indicted February 6, 1875, for theft of “ten fencing posts, of the value of two dollars and fifty cents, the property of D. D. Claiborne.”
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Appeal from Goliad. Tried below before the Hon. M. H. Shive, special judge. Davis was indicted February 6, 1875, for theft of “ten fencing posts, of the value of two dollars and fifty cents, the property of D. D. Claiborne.” At the June Term of the court an entry was made in the case on the minutes of the court reciting that “Daniel D. Claiborne, judge of 17th district, being disqualified to sit in this case, being the party alleged to have been injured, and the parties having selected and agreed that M. H. Shive, a member of the bar, should sit in the case as special judge, and he having…
1Opinion of the Court
Roberts, Chief Justice.
The record properly recites the ground of disqualification of the presiding judge of the District Court, the agreemént of the parties to substitute a spe*524cial judge in his place, and the fact that the special judge took the oath of office before entering upon his duties in the trial of the case.
The district attorney has the power to make such an agreement for the State in a criminal case pending in his district. In such a case the State is a party litigant, and speaks and acts through its appropriate district attorney, the same as any other party does through an attorney.
2Cases cited1 opinion
- Murray v. StateTexas Supreme Court · 1871
3Cited by14 opinions
- Love v. WilcoxTexas Supreme Court · 1930
- Johnson v. HanscomTexas Supreme Court · 1897
- January v. StateCourt of Criminal Appeals of Texas · 1896
- McFaddin v. PrestonTexas Supreme Court · 1881
- Aldridge v. StateCourt of Criminal Appeals of Texas · 1960
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