Legal Opinion

Burns v. State

Court of Criminal Appeals of Texas

Decided May 17, 1933No. 15+94PublishedCited by 5 opinions

1Opinion of the Court

CHRISTIAN, Judge.

The offense is extortion; the punishment, confinement in the penitentiary for two years.

In the indictment it was substantially charged that appel*612lant, as sheriff of Shelby county, wilfully demanded and collected from the State of Texas five dollars in money purporting to be a fee for traveling fifty miles in serving J. B. Walker with a subpoena. It was averred that appellant did not actually travel fifty miles, or any part of such distance, in the execution of the subpoena.

A subpoena had been issued commanding J. B. Walker to appear before the district court of Shelby county…

2Cases cited2 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. DawsonTexas Supreme Court · 1888
  2. Bigham v. JonesTexas Supreme Court · 1927

3Cited by5 opinions

  1. People v. MarreroNew York Court of Appeals · 1987
  2. United States v. Bernard L. Barker, A/K/A Frank or Fran Carter, United States of America v. Eugenio R. Martinez, A/K/A Gene or Jene Valdes, United States of America v. Frank A. Sturgis, A/K/A Frank Angelo Fiorini, A/K/A Edward J. Hamilton,a/k/a Joseph Dialberto or D'alberto, United States of America v. Virgilio R. Gonzalez, A/K/A Raul or Raoul Godoy or GoboyCourt of Appeals for the D.C. Circuit · 1975
  3. Musser v. StateCourt of Criminal Appeals of Texas · 1938
  4. United States v. BarkerCourt of Appeals for the D.C. Circuit · 1975
  5. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1953

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