Legal Opinion

Duncan v. State

Court of Criminal Appeals of Texas

Decided November 18, 1925No. 9519PublishedCited by 2 opinions

The opinion states the case.

1Opinion of the Court

HAWKINS, Judge.

Conviction is for unlawfully carrying a pistol. The punishment is by fine of §100.00.

The jurisdiction of the County Court was questioned because the complaint was sworn to before a justice of the peace, and because there was no transcript or certificate of any proceeding had in the justice court. The record suggests nothing more than that the complaint was sworn to before the justice of the peace and information was filed thereon by the County Attorney. Article 479 Vernon’s C. C. P. (Art. 415, 1925 Codification) provides that complaint may be sworn to by any officer authorized…

2Cases cited3 opinions

  1. Gentry v. StateCourt of Criminal Appeals of Texas · 1911
  2. Garza v. StateCourt of Criminal Appeals of Texas · 1920
  3. Lindley v. StateCourt of Criminal Appeals of Texas · 1909

3Cited by2 opinions

  1. Opinion No., Texas Attorney General Reports2002
  2. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1963

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