SWIDAN v. STATE

No. 25200.

238 S.W.2d 537 (1951)

SWIDAN v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied April 25, 1951.


Attorney(s) appearing for the Case

Oscar B. Jones, Longview, for appellant.

R. L. Whitehead, Crim. Dist. Atty., Paul Painter, Asst. Crim, Dist. Atty., David C. Moore, Asst. Crim. Dist. Atty., all of Longview, George P. Blackburn, State's Atty., of Austin, for the State.


MORRISON, Judge.

The offense is murder with malice; the punishment, twenty-five years in the penitentiary.

At the inception of the trial appellant moved Judge Erisman to recuse himself in the cause, alleging that he had been counsel in the case. His refusal to do so is the only complaint raised on this appeal. The bill bringing this matter forward was qualified by the trial court, and such qualification was expected to by appellant. The Court then prepared...

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