Drummond v. Republic of Texas
Texas Supreme Court
The appellant was indicted and convicted under the 4th section of the “ act to suppress gaming,” of 1840. A motion was made in arrest of judgment, embracing a variety of objections to the regularity and legality of the proceedings, which motion was overruled and the case certified to the supreme court for revision.
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The appellant was indicted and convicted under the 4th section of the “ act to suppress gaming,” of 1840. A motion was made in arrest of judgment, embracing a variety of objections to the regularity and legality of the proceedings, which motion was overruled and the case certified to the supreme court for revision. Among the grounds embraced in the motion in arrest are the following, which alone seem to have been regarded as relevant and material by the court, viz.: • “ 8. Because the said prosecution is not careied on in the name or by the authority of the republic of Texas.” “ 12. Because…
1Opinion of the Court
After stating the facts,
Mr. Justice "Wheeler
delivered the opinion of the court.
Many of the grounds embraced in the motion in arrest have no relevancy to anything which appears in the record. Those which have relate only to the indictment and judgment, and in our opinion are not well taken.
No prescribed form of words is necessary in order that the prosecution be “ carried on in the name and by the authority of the republic of Texas.” It is enough that the prosecution is conducted by the proper law officer, acting under the authority and conducting the prosecution in the name of the government.…
2Cases cited1 opinion
- United States v. BachelderU.S. Circuit Court for the District of New Hampshire · 1814
3Cited by4 opinions
- Robinson v. StateCourt of Criminal Appeals of Texas · 1912
- Jefferson v. StateCourt of Appeals of Texas · 1888
- State v. ThompsonSouth Dakota Supreme Court · 1893
- State v. CarlsonOregon Supreme Court · 1900