Malloy v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for unlawfully keeping and exhibiting a gaming bank for purposes of gaming; the punishment assessed being a fine of 825, and ten days’ imprisonment in the county jail. Appellant was indicted in the District Court, and the case was ordered to be transferred for trial from that court to the County Court. In the County Court, a plea to the jurisdiction was interposed, based upon the insufficiency of the certificate of transfer.
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This appeal is from a conviction for unlawfully keeping and exhibiting a gaming bank for purposes of gaming; the punishment assessed being a fine of 825, and ten days’ imprisonment in the county jail. Appellant was indicted in the District Court, and the case was ordered to be transferred for trial from that court to the County Court. In the County Court, a plea to the jurisdiction was interposed, based upon the insufficiency of the certificate of transfer. The facts as to this matter are stated in the opinion. No general statement necessary.
1Opinion of the Court
HURT, Presiding Judge.
Plea to the jurisdiction of the court was urged, because the transfer misnamed the accused, and recited the offense to be “gaming,” whereas the offense charged was in fact for keeping and exhibiting a gaming table and bank. An amended transfer was then filed, properly naming the accused, but which did not name the offense. A second plea to the jurisdiction was then urged, because of this omission to name the offense with which the accused was charged. It was proper to amend the certificate of transfer. It was unnecessary to name the accused on the minutes of the District…
2Cited by5 opinions
- Terry v. StateCourt of Criminal Appeals of Texas · 1925
- Ellis v. StateCourt of Criminal Appeals of Texas · 1910
- Massie v. StateCourt of Criminal Appeals of Texas · 1908
- Haley v. StateCourt of Criminal Appeals of Texas · 1920
- Kimbrough v. StateCourt of Criminal Appeals of Texas · 1933