Opinion

Ex Parte Zerschausky

  • 417 S.W.2d 279
  • 1967 Tex. Crim. App. LEXIS 1077
Court
Court of Criminal Appeals of Texas
Filed
Jun 7, 1967
Status
Published
Author
Belcher
On the bench
Woodley, Belcher, Morrison, Onion
Cited by
9 cases
Authority
More cited than 10.7%

The opinion

ON REHEARING

BELCHER, Judge.

The majority opinion delivered June 7, 1967, denying the relief prayed for was not bottomed upon the constitutionality of the Texas Statutes (Art. 711, Vernon’s Ann. C.C.P. since repealed and Art. 82, Vernon’s Ann.P.C., repealed by Act of the Legislature not yet in effect), but upon the holding that such statutes must yield to the constitutional right of the defendant in a given case to compulsory process for witnesses, including the right to put them on the witness stand; and to the further holding of the majority that the trial court was not called upon to make any ruling and made none which denied petitioner’s constitutional rights to compulsory process for witnesses or to put them on the witness stand.

The decision of the Supreme Court in Washington v. State, 87 S.Ct. 1920 , delivered shortly after the original opinion herein, is not inconsistent with the holding of the majority in that the trial judge did nothing to deny petitioner the right “to put his witnesses on the stand,” or the “right to compel their attendance in court.”

The essence of petitioner’s position is that he was denied a fair trial because the district attorney, being called as a witness by him, declined to agree that he would not object if a witness under indictment as *285 his accessory was put on the stand. We do not agree.

Petitioner’s motion for rehearing is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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