Lee v. State
Court of Criminal Appeals of Texas
The information charged appellant and four other parties jointly with resisting a constable who had told them to consider themselves under arrest for gaming in the presence of said constable; the resistance consisting in the act of defendants in throwing said constable down and taking his pistol from him.
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The information charged appellant and four other parties jointly with resisting a constable who had told them to consider themselves under arrest for gaming in the presence of said constable; the resistance consisting in the act of defendants in throwing said constable down and taking his pistol from him. A motion was made to quash the complaint and information, as follows : 1. Because neither said complaint or information describes any offense against the Penal Code of the State of Texas. 2. Because they fail to show that the alleged officer was at the time attempting to make a lawful…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was charged with resisting T. J. Tomlinson, constable of precinct No. 3 of Gonzales County, 'by throwing said Tomlinson to the ground and taking his pistol; that appellant and others were. charged with a “misdemeanor of gaming,” and were engaged in said game in the presence of said Tomlinson just ■prior to said resistance, “and was commanded by said Tomlinson to ■consider themselves under arrest.”
Motion was made to quash the information for several reasons. It will be noticed on the face of the pleadings that the only violation of the law referred to or…
2Cases cited1 opinion
- Fulkerson v. StateCourt of Criminal Appeals of Texas · 1902
3Cited by3 opinions
- Shepherd v. StateCourt of Criminal Appeals of Texas · 1915
- Shaw v. StateCourt of Criminal Appeals of Texas · 1929
- H. R. Head v. StateCourt of Criminal Appeals of Texas · 1936