Burdett v. State
Texas Supreme Court
Appeal from Travis. Indictment for assault and battery. The appellant pleaded to the indictment a former recovery before a justice of the peace for the same offense, and produced the certilicate of the justice in accordance with the statute in support of his plea.
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Appeal from Travis. Indictment for assault and battery. The appellant pleaded to the indictment a former recovery before a justice of the peace for the same offense, and produced the certilicate of the justice in accordance with the statute in support of his plea. Tlie, State, by the district attorney, replied that the defense set np ought not to he allowed, because, he says, that before the justice of the peace who tried and convicted tlie said Burdett for said offense liad any jurisdiction of the same tho indictment in this case liad been filed in tlie District Court, &<:. To this…
1Opinion of the CourtLipscomb, J.
The only question presented is t.lie sufficiency of the bar of a former recovery as pleaded by the appellant. We have no doubt that the judgment of the District Court overruling tlie appellant’s demurrer to the replication of the State is correct. It is founded on tlie well-established rule that in a ease of concurrent jurisdiction in different tribunals the court first exercising jurisdiction rightfully acquires the control of the case io the exclusion of the other. After (lie indictment had been found tlie justice of the peace had no jurisdiction, and liis action thereon was a nullity. The…
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