Jackson v. State
Texas Supreme Court
Error from Sabine. Tried below before Hon. A. W. 0. Hicks. Proceedings were instituted in the District Court of Sabine comity against plaintiff in error, an Attorney at Law, upon a motion made by J. M. Ardrey, also an Attorney of the Court, (and by Mm alone) setting forth several charges, all of which were abandoned by the prosecution but two, which were : 1st. That John Jackson a practicing attorney, &c., in the county, &c., in the month of July, A. D. 1856, did say, “ that…
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Error from Sabine. Tried below before Hon. A. W. 0. Hicks. Proceedings were instituted in the District Court of Sabine comity against plaintiff in error, an Attorney at Law, upon a motion made by J. M. Ardrey, also an Attorney of the Court, (and by Mm alone) setting forth several charges, all of which were abandoned by the prosecution but two, which were : 1st. That John Jackson a practicing attorney, &c., in the county, &c., in the month of July, A. D. 1856, did say, “ that the Hon. A. W. 0. Hicks, Judge of the 5th Judicial District of the State of Texas, was a God damned corrupt and…
1Opinion of the CourtWheeleb, J.
The Statute (Act of 1854, p. 118, Sec. 1,) provides that any prosecution under the 5th or 8th Sections of the Act to which this is an amendment, (Hart. Dig., Art. 56, 59,) “ may be instituted by motion or information of two or more practicing attornies ; ” and it is objected that the motion in this case is signed by but one. It is to be observed, however, that the defendant appeared and answered to the motion without objection to the form of the proceeding. This must be deemed a waiver of the objection, unless it be a matter so vital to the proceeding that it could not be waived: and that, it…
2Cited by24 opinions
- Eichelberger v. EichelbergerTexas Supreme Court · 1979
- Silliman v. GanoTexas Supreme Court · 1897
- In re CowderyCalifornia Supreme Court · 1886
- State v. McClaughertyWest Virginia Supreme Court · 1889
- Charles Ben Howell v. State Bar of TexasCourt of Appeals for the Fifth Circuit · 1988
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