Jefferson v. State
Court of Appeals of Texas
Appeal from the County Court of Freestone. Tried below before the Hon. T. W. Sims, County Judge. This conviction was for misdemeanor theft, and the penalty assessed against the accused was a fine of one hundred dollars. The record brings up no statement of facts.
1Opinion of the Court
White, Presiding Judge.
This prosecution in the court below was upon an information for a misdemeanor, which information was based upon an affidavit or complaint. A motion in arrest of judgment attacked the sufficiency of the complaint, because the same did not commence with the words: “In the name and by the authority of the State of Texas.”
It is contended that, inasmuch as it is both statutory and constitutional that “all prosecutions shall be carried on in the name and by the authority of the State of Texas” (Const., art. 5, sec. 121 Code Crim. Proc., art. 19),"and, inasmuch as the…
2Cases cited1 opinion
- Drummond v. Republic of TexasTexas Supreme Court · 1847
3Cited by15 opinions
- State v. HazledahlNorth Dakota Supreme Court · 1892
- State v. WaltonOregon Supreme Court · 1907
- Vogt v. StateCourt of Criminal Appeals of Texas · 1953
- Eusebio Soloranzo Costilla v. State of Texas, Texas Court of Appeals, 9th District (Beaumont)2002
- Jones v. StateCourt of Criminal Appeals of Texas · 1981
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