Fielder v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Jones. Tried below before Hon. T. H. Conner. Appeal from a conviction for burglary; penalty, two years imprisonment in the penitentiary.
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Appeal from the District Court of Jones. Tried below before Hon. T. H. Conner. Appeal from a conviction for burglary; penalty, two years imprisonment in the penitentiary. Defendant made both a motion to quash the indictment and a motion in arrest of the judgment, both of which motions were predicated, in effect, upon the proposition that there was no valid law which authorized the holding of a term of the District Court for Jones County in October, 1898, at which term the indictment was found, thereby attacking the constitutionality of the Act of the Twenty-fifth Legislature, page 50, which…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of burglary, and his punishment assessed at confinement in the penitentiary for a term of two years, and he appeals.
Appellant made a motion to quash the indictment, on the ground that same was found in Jones County, at a time when a term of court was not authorized to he held in Jones County. The position assumed by appellant raises the question as to the constitutionality of the Act of the Twenty-fifth Legislature taking J ones County out of the Thirty-ninth Judicial District, and adding'it to the Forty-second Judicial District. Formerly Jones County…
2Cases cited5 opinions
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- People ex rel. Klokke v. WrightIllinois Supreme Court · 1873
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- Jones v. DavisNebraska Supreme Court · 1877
- State ex rel. Speck v. GeigerSupreme Court of Missouri · 1877
3Cited by27 opinions
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- Sherman v. StateCourt of Criminal Appeals of Texas · 1933
- Lawrence v. StateCourt of Criminal Appeals of Texas · 1933
- Dellinger v. StateCourt of Criminal Appeals of Texas · 1930
- Katz v. StateCourt of Criminal Appeals of Texas · 1932
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