No. A-8902.

360 S.W.2d 398 (1962)

The STATE of Texas, Relator, v. G. C. OLSEN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 3, 1962.

Attorney(s) appearing for the Case

D. D. Sullivan, Dist. Atty., Andrews, John H. Banks, County Atty., Winkler County, Kermit, for relator.

Warren Burnett, Odessa, Luther E. Jones, Jr., Corpus Christi, for respondents.

CALVERT, Chief Justice.

The State of Texas, acting by and through its District Attorney for the 109th Judicial District, seeks by this original proceeding to compel Honorable Russell D. Austin, District Judge, to vacate and set aside a judgment rendered and entered by his predecessor in Cause No. 1071, The State of Texas vs. John Mack Herring, then pending on the criminal docket of said court for Winkler County and commanding Judge Austin to proceed to trial in the...


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