Williams v. State, 46750.
Decision Date | 04 April 1973 |
Docket Number | No. 46750.,46750. |
Citation | 492 S.W.2d 522 |
Parties | Isaac WILLIAMS, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Keith Marks, Dallas, for appellant.
Henry Wade, Dist. Atty., John E. Rapier, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.
JACKSON, Commissioner.
Appellant appeals from the revocation of his probation; sentence, 7 years.
On October 16, 1970, appellant plead guilty before the court to assault with intent to commit murder with malice, and on the same day he was admitted to probation for 7 years, conditioned, among other things, that he commit no offense against the laws of this state.
On May 18, 1971, the State filed a motion to revoke probation, alleging that on December 20, 1970, appellant committed an aggravated assault on a female, to-wit: Eula McClendon.
Hearing was held on the motion to revoke on June 11, 1971, before the same judge who had granted probation and who tried the murder case hereafter mentioned. Appellant was represented by the same retained counsel on the murder trial and on the hearing to revoke probation.
Appellant was tried for the murder of Eula McClendon, which offense was alleged to have occurred on December 20, 1970, and was found not guilty. The evidence admitted on that trial was incorporated in the record on the revocation hearing without objection.
The findings and conclusions of the judge when he revoked probation are as follows:
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State ex rel. Millsap v. Lozano
...of disqualification of judges are exclusive, that is, they specify all the circumstances that forbid a judge to sit. Williams v. State, 492 S.W.2d 522, 524 (Tex.Cr.App.1973); Ex parte Largent, 162 S.W.2d 419 (Tex.Cr.App.1942), cert. den. 317 U.S. 668, 63 S.Ct. 72, 87 L.Ed. 536. See also Tay......
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...of a judge that are stated in the Texas Constitution and the Code of Criminal Procedure are exclusive. Williams v. State, 492 S.W.2d 522 (Tex.Crim.App.1973); McDuffie v. State, 854 S.W.2d 195 (Tex.App.--Beaumont 1993, pet. ref'd). Appellant's motion was directed generally against any judge ......
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Neal v. Brim, 73-3769
...he argues that these grounds are exclusive and state all the circumstances that forbid a judge to sit in a case. Williams v. State, 492 S.W.2d 522, 524 (Tex.Cr.App.1973). Judge Brim, on the other hand, calls to our attention the Code of Judicial Conduct promulgated by the Supreme Court of T......
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