Craig v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Haskell. Tried below before Hon. H. G. McConnell, County Judge. Appellant was tried under an indictment charging him with drunkenness, to such an extent as to incapacitate him from discharging the duties of such office, he being district attorney of the Thirty-ninth Judicial District of the State of Texas. The indictment was transferred from the District to the County Court for trial.
Read the full summary
Appeal from the County Court of Haskell. Tried below before Hon. H. G. McConnell, County Judge. Appellant was tried under an indictment charging him with drunkenness, to such an extent as to incapacitate him from discharging the duties of such office, he being district attorney of the Thirty-ninth Judicial District of the State of Texas. The indictment was transferred from the District to the County Court for trial. In the County Court the appellant filed a plea to the jurisdiction, upon the ground that the District Court alone had jurisdiction of the offense charged under the Constitution…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was tried and convicted in the County Court, under an indictment, certified to that court from the District Court, charging him with drunkenness in office. Penal Code, arts. 141, 144.
A plea to the jurisdiction of the court was interposed by appellant on the theory that the offense charged involved official misconduct, and therefore could only be tried in the District Court. Const., art. 5, sec. 8. Article 3388, Revised Statutes, provides, that ‘ all convictions by a petit jury of any county officer for any felony, or for any misdemeanor involving official misconduct,…
2Cited by17 opinions
- State v. HindsSupreme Court of New Jersey · 1996
- Robinson v. State, Texas Court of Appeals, 4th District (San Antonio)1982
- State ex rel. Martin v. BurnquistSupreme Court of Minnesota · 1918
- Talamantez v. StateCourt of Criminal Appeals of Texas · 1992
- Fregia v. StateCourt of Criminal Appeals of Texas · 1916
12 more not listed; retrieve them via the Exa API.