Jones v. State
Court of Appeals of Texas
Appeal from the County Court of Morris. Tried below before Hon. J. W. Bolin, County Judge. Appellant was convicted for the theft of an overcoat of the value of $12, and his punishment was assessed at a fine of $5 and twelve hours imprisonment in the county jail. It is unnecessary to give the facts.
1Opinion of the Court
WHITE, Presiding Judge.
A motion in arrest of judgment was made upon the ground that the information was not signed officially by the county attorney.
The ninth subdivision of article 430, Code of Criminal Procedure, requires, in a criminal prosecution, that the information shall be signed by the district or county attorney officially; but by the subsequent article 529 of the Code of Criminal Procedure, subdivision 2, it is expressly declared (in setting forth the exceptions to the form of an indictment or information) that the exception, to be good, should go to the want of any other requisite…
2Cited by3 opinions
- Britt v. StateArizona Supreme Court · 1923
- Hill v. StateCourt of Criminal Appeals of Texas · 1948
- Moye v. StateCourt of Criminal Appeals of Texas · 1949