PRATT v. STATE

No. 31588.

334 S.W.2d 295 (1960)

Jerry PRATT, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Second Motion to Reinstate Denied April 13, 1960.


Attorney(s) appearing for the Case

Floyd Duke James, San Antonio, for appellant.

Charles J. Lieck, Jr., Criminal Dist. Atty., Roy H. Garwood, Jr., John G. Benavides, Mayo J. Galindo, Asst. Criminal Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

Appellant now seeks to reinstate his appeal which was dismissed when he filed his personal affidavit requesting its dismissal.

The affidavit of the appellant requesting the reinstatement of the appeal was sworn to before his attorney.

It is a general rule in criminal cases that the attorney for the accused is incompetent to take affidavits to papers, motions, etc., filed therein. 2 Tex.Jur. (2), 404, Sec. 11; Ex parte Scott,...

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