State v. Lackey
Texas Supreme Court
Appeal from De Witt. Tried below before the Hon. Henry Maney. The charge in the information was playing cards in a public place. The defendant’s motion to quash, for the reasons indicated in the opinion, was sustained by the court below, and the State appealed. Defendant moved to dismiss the case in this court, because the court below, after quashing the information and the appeal taken, suffered him to give his own recognizance, without sureties.
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Appeal from De Witt. Tried below before the Hon. Henry Maney. The charge in the information was playing cards in a public place. The defendant’s motion to quash, for the reasons indicated in the opinion, was sustained by the court below, and the State appealed. Defendant moved to dismiss the case in this court, because the court below, after quashing the information and the appeal taken, suffered him to give his own recognizance, without sureties. No assignment of errors was filed; and this, also, was assigned in the motion to dismiss, but is not noticed by the court.
1Opinion of the CourtWalker, J.
A district attorney pro tern, is legally authorized to do whatever the law authorizes a district attorney to do. An affidavit on which to found an information is properly made before a district attorney. (Paschal’s Digest, Article 2871.) The affidavit need not set out the offense with that particularity and formality required in an indictment. The information charges the offense in the language of the statute, and is sufficiently explicit. If the defendant were suffered to go*359at large on his own recognizance, though it was error in the court to suffer him to do so, it is not such an error as…
2Cited by15 opinions
- Coleman v. StateCourt of Criminal Appeals of Texas · 2008
- State v. RosenbaumCourt of Criminal Appeals of Texas · 1993
- State v. Newton, Texas Court of Appeals, 4th District (San Antonio)2005
- State v. Ford, Texas Court of Appeals, 4th District (San Antonio)2005
- Coleman v. StateCourt of Criminal Appeals of Texas · 2008
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