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TURNER v. PRUITT

No. A-7980.

342 S.W.2d 422 (1961)

Clinton W. TURNER et al., Petitioners, v. Donald Wayne PRUITT, Respondent.

Supreme Court of Texas.

Rehearing Denied February 15, 1961.

Attorney(s) appearing for the Case

Beard, Kultgen & Beard, Waco, Byron L. McClellan, Gatesville, for petitioner.

Harry W. Flentge, Gatesville, for respondent.

CALVERT, Chief Justice.

The question in this case is this: Is a Justice of the Peace subject to tort liability for improperly denying a jury trial to a defendant pleading "not guilty" in a criminal case? The Court of Civil Appeals has answered the question in the affirmative, with one Justice dissenting. 336 S.W.2d 440. We answer the question in the negative.

A criminal case against respondent, Pruitt, was pending before...

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