Pierson v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Conrt of Dallas. Tried below before the Hon.' W. L. Crawford, Jr. Appeal from a conviction of a misdemeanor theft; penalty, a fine of $25 and fifteen days confinement in the county jail. The opinion states the case. On question of affidavit taken before assistant county attorney: Naill v. State, 59 Texas Crim. Kep., 484. On question of court’s failure to charge on circumstantial evidence: Smith v. State, 12 S. W. Rep., 869; Montgomery .v.
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Appeal from the Criminal District Conrt of Dallas. Tried below before the Hon.' W. L. Crawford, Jr. Appeal from a conviction of a misdemeanor theft; penalty, a fine of $25 and fifteen days confinement in the county jail. The opinion states the case. On question of affidavit taken before assistant county attorney: Naill v. State, 59 Texas Crim. Kep., 484. On question of court’s failure to charge on circumstantial evidence: Smith v. State, 12 S. W. Rep., 869; Montgomery .v. State, 20 S. W. Rep., 926; Crowell v. State, 6 S. W. Rep.', 318; Eckert v. State, 9 Texas Crim. App., 105.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of misdemeanor theft, his punishment being assessed at a fine of $25 and fifteen days imprisonment in the county jail.
Motion was made to quash the affidavit because it was taken by Cavin Muse, “assistant county attorney.” The theory upon which the motion is predicated seems to be he was a deputy and not an assistant county attorney. The statute provides for an assistant county attorney, article 347, Revised Civil Statutes. It provides that the county attorney shall have power, by consent of the Commissioners Court, to appoint in writing, one or more…
2Cases cited4 opinions
- Dane v. StateCourt of Criminal Appeals of Texas · 1896
- Naill v. StateCourt of Criminal Appeals of Texas · 1910
- Kelly v. StateCourt of Criminal Appeals of Texas · 1896
- Wilkins v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by8 opinions
- United States v. KambeitzDistrict Court, N.D. New York · 1919
- Rampley v. StateCourt of Criminal Appeals of Texas · 1934
- Hoxsey v. StateCourt of Criminal Appeals of Texas · 1942
- Jordan v. StateCourt of Criminal Appeals of Texas · 1916
- Banks Stocks v. StateCourt of Criminal Appeals of Texas · 1943
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