Legal Opinion

Morawitz v. State

Court of Criminal Appeals of Texas

Decided February 14, 1906No. 3496PublishedCited by 12 opinions

Leaving out the formal averments of the indictment, the same alleged: “That défendant was then and there the duly elected and qualified justice of the peace in and for justice precinct number 8 in said Karnes County, Texas, and he the said defendant then and there had good cause to believe that P. B. had committed the offense of unlawfully carrying on and about his person a pistol in said justice precinct number 8 in Karnes County, Texas, the said-as such justice of the…

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Leaving out the formal averments of the indictment, the same alleged: “That défendant was then and there the duly elected and qualified justice of the peace in and for justice precinct number 8 in said Karnes County, Texas, and he the said defendant then and there had good cause to believe that P. B. had committed the offense of unlawfully carrying on and about his person a pistol in said justice precinct number 8 in Karnes County, Texas, the said-as such justice of the peace then and there having jurisdiction to try said P. B. for said offiense; and said-as such justice of the peace was…

1Opinion of the Court

BROOKS, Jtrues.

Appellant was convicted for having accepted a bribe, his punishment being fixed at two years confinement in the penitentiary. This is the second appeal. Morawitz v. State, 46 Texas Crim Rep., 436; 10 Texas Ct. Rep., 558. After the reversal on the former appeal, a new indictment was found. Appellant insists that the new "indictment is defective. A close scrutiny shows that it complies with the suggestions made in the opinion on former appeal; and we hold the indictment is sufficient.

Upon this trial, the State introduced the stenographer who took down the testimony on the former…

2Cases cited1 opinion

  1. Bell v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by12 opinions

  1. McDougal v. StateCourt of Criminal Appeals of Texas · 1917
  2. Horn v. StateCourt of Criminal Appeals of Texas · 1906
  3. Grant v. StateCourt of Criminal Appeals of Texas · 1910
  4. Serna v. StateCourt of Criminal Appeals of Texas · 1928
  5. Wadkins v. StateCourt of Criminal Appeals of Texas · 1910

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