# Whitmore v. State

> Court of Criminal Appeals of Texas · July 12, 1978 · 570 S.W.2d 889

URL: https://www.frixlaw.com/law-library/cases/9768205

## Case

- **Full name:** James E. WHITMORE, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** July 12, 1978
- **Citations:** 570 S.W.2d 889
- **Precedential status:** Published
- **Opinion:** On rehearing by Odom
- **Judges:** Odom, Douglas, Onion, Roberts, Phillips, Dally, Reavley, Vollers, Davis
- **Cited by:** 89 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Questioned by Cheyenne Pate v. State (1998).
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9768205

## Opinion text

OPINION ON STATE’S MOTION FOR REHEARING
ODOM, Judge.
The State’s motion for leave to file a motion for rehearing was granted and after reconsideration we overrule the State’s motion for rehearing, having decided that the matter was properly disposed of in the majority opinion by then Commissioner Dally delivered April 4, 1977.
When this case was originally heard and decided, this Court consisted of five Judges. At that time Judge Vollers was State’s Attorney and actively participated in the appeal of this case. Accordingly, pursuant to Article 5, Sec. 11, of the Texas Constitution, Judge Vollers certified his disqualification to the Honorable Dolph Briscoe, Governor of the State of Texas, who then appointed the Honorable Thomas M. Reavley, a former Associate Justice of the Supreme Court of Texas, to replace the Honorable Judge Vollers to hear and determine the State’s motion for rehearing in this appeal.
The State’s motion for rehearing is overruled.
ROBERTS, PHILLIPS and DALLY, JJ., and REAVLEY, Special Judge, join in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9768205. Public record. Not legal advice.