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MITCHELL v. STATE

Nos. 11169, 11173.

371 S.W.2d 799 (1963)

W. E. MITCHELL et al., Appellants, v. The STATE of Texas, Appellee. G. U. YOACHUM et al., Appellants, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 6, 1963.

Attorney(s) appearing for the Case

Harrington & Harrington, Adams & Sheppard, Longview, Wynne McKenzie, Jaffe & Tinsley, Dallas, Smead & Harbour, Jerry S. Harris, Longview, for appellants, W. E. Mitchell and others.

J. W. Tyner, Glass & Glass, Tyler, John Ford, Kilgore, Fred Erisman, Longview, Gordon Wellborn, Houston, Phenix, Keeling & Wilder, Henderson, for appellants, G. U. Yoachum and others.

Waggoner Carr, Atty. Gen., Cecil C. Rotsch and Robert B. Tyler, Asst. Attys. Gen., Austin, for appellee.

Rehearing Denied in No. 11169 November 6, 1963.

ARCHER, Chief Justice.

These cases were filed and briefed separately, but were submitted and argued together and present the same questions and we will determine the issues in one opinion.

These are venue cases and in Cause No. 11,169 an order was entered in the Trial Court consolidating 61 Pleas of Privilege filed in 35 different penalty suits filed by the Attorney General in behalf of the State, and...

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