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BRADY v. FRY

No. 7649.

517 S.W.2d 304 (1974)

Honorable John BRADY, Judge of the Municipal Court No. 1, Appellant, v. Carolyn FRY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied December 19, 1974.

Attorney(s) appearing for the Case

Don Butler, City Atty., William W. Rittenhouse, Austin, for appellant.

Stayton, Maloney, Hearne, Babb & Cowden, Austin, for appellee.

KEITH, Justice.

The appeal is from a final judgment which ordered the issuance of a "preemptory [sic] writ of mandamus" involving a criminal case then and now pending in the Municipal Court of the City of Austin.

A complaint was filed in such court charging appellee with the offense of prostitution. Appellee filed several pre-trial motions in such court—of which appellant is judge—but the only motion involved in

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