Bills v. State
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. John C. Easton. The errors committed in this cause by the county attorney and magistrate are noticed in the Opinion. The appeal to the District Court was dismissed, and a writ of ¡procedendo awarded “to the justice to execute the judgment heretofore “ rendered by him.”
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Appeal from Lamar. Tried below before the Hon. John C. Easton. The errors committed in this cause by the county attorney and magistrate are noticed in the Opinion. The appeal to the District Court was dismissed, and a writ of ¡procedendo awarded “to the justice to execute the judgment heretofore “ rendered by him.” Thereupon the defendant moved for are-hearing and an -arrest of judgment, and in the latter motion called the attention of the District Judge to the want of power in the justice of the peace to try the cause, and asked to be discharged, which motions were overruled and defendant…
1Opinion of the CourtDevine, J.
The dismissal of a cause for want of jurisdiction would usually require a statement of thát fact, and nothing more.
When, however, as id the present case, a citizen has been arrested, tried, convicted, and fined, in direct violation of the plainest requirements, or prohibitions of the Criminal Code, and the statute under which the county attorney and the justice of the peace acted, it is proper and necessary to notice these facts. The record of, this case is a chapter of errors and omissions from the commencement to the close.
The county attorney of Lamar county filed an information with a…
2Cited by3 opinions
- Clark, Sheriff v. Finley, ComptrollerTexas Supreme Court · 1899
- State Board of Insurance v. National Employee Benefit Administrators, Inc.Court of Appeals of Texas · 1990
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1951