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HERROD v. STATE

No. 61604.

650 S.W.2d 814 (1983)

Mike Allen HERROD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 25, 1983.

Attorney(s) appearing for the Case

Kenneth R. Stein, Dallas, for appellant.

Henry Wade, Dist. Atty., Ronald D. Hinds, Victor Ortiz and Kathi Alyce Drew, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S MOTION FOR REHEARING

ONION, Presiding Judge.

We granted the State's motion for leave to file a motion for rehearing to reconsider the question whether a retired district judge could preside over a criminal trial in County Criminal Court No. 3 of Dallas County. The original panel opinion reversed the conviction for the failure of the record to show by what authority the retired district judge presided since the duly and regularly elected...

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