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Camper v. State

Court of Criminal Appeals of Texas
Jan 12, 1944
146 Tex. Crim. 522 (Tex. Crim. App. 1944)

Opinion

No. 22702.

Delivered January 12, 1944.

Judge (Disqualification of).

Where the county judge, before whom the case of one charged with violating the liquor laws was tried, (and the complaint and information charged a prior offense for the purpose of enhancing the penalty) was assistant county attorney at the time of defendant's trial for such previous offense, the judgment of conviction was void.

Appeal from County Court of Smith County. Hon. R. P. Power, Judge.

Appeal from conviction for violation of the liquor laws; penalty, fine of $500.00. Reversed and remanded.

The opinion states the case.

Alex P. Pope, of Tyler, for appellant.

Ernest S. Goens, State's Attorney, of Austin, for the State.


The appeal is from a fine of $500.00 for a violation of the liquor laws.

The complaint charges a prior offense for the purpose of enhancing the penalty. The Honorable R. P. Powers, the county judge before whom this case was tried, was assistant county attorney at the time of the trial of the former case, and the same question is presented in this appeal that was before the court in the case of Adcock v. State, 172 S.W.2d 103.

For the reasons stated in that case, the judgment is reversed and the cause remanded.


Summaries of

Camper v. State

Court of Criminal Appeals of Texas
Jan 12, 1944
146 Tex. Crim. 522 (Tex. Crim. App. 1944)
Case details for

Camper v. State

Case Details

Full title:B. W. CAMPER v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Jan 12, 1944

Citations

146 Tex. Crim. 522 (Tex. Crim. App. 1944)
176 S.W.2d 943

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In this case of first impression occurring many, many years after disqualification for being counsel in the…

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