Anderson v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant again complains because the affidavit and information herein are signed by the criminal district attorney, claiming that the statute creating such office for McLennan County is void, and that there is no such officer known to the law. This contention was answered in our original opinion with the proposition that if such statute is void (which we do not hold), then such criminal district attorney was a de facto officer. We are again then offered by appellant the proposition that there can be no de facto officer unless there be a de jure office,…