Powell v. State

“... [Tjhere is no way in which [a district or county attorney] can, under our Constitution, hold two offices of profit at one and the same time.”

Eastland County v. Hazel, 288 S.W. 518, at 521 (Tex.Civ.App. — El Paso 1926), writ refused.1

In my view, just as the district or county attorney who employs one for compensation, an assistant county or district attorney holds and exercises a “civil office of emolument” within contemplation of Article XVI, § 40 and § 38, Constitution of the State of Texas.2 Thus the assistant district attorney from Jefferson County whom appellant sought to…