Legal Opinion

Graham v. State

Court of Appeals of Texas

Decided June 21, 1890No. 7053PublishedCited by 9 opinions

Appeal from the District Court of Milam. Tried below before Hon. J. BT. Henderson. The conviction was for assault with intent to murder, and the penalty assessed by the verdict was a term of two years in the penitentiary. A statement of the facts proved on the trial is not essential to this report.

1Opinion of the Court

WILLSON, Judge.

Defendant's objections to the admission in evi*32dence of the warrant of arrest were properly overruled. It was not essential that the warrant should show that it was issued by the county judge as a “committing magistrate.” It was issued by the county judge and signed officially by him, and the law declares such officer to be a magistrate, and vests him with the power to issue warrants of arrest. Code Crim. Proc., arts. 42, 234. It is true that the warrant does not state the full name of the accused, nor does it state that his name is unknown, giving a description of him. It…

2Cited by9 opinions

  1. Hamman v. StateCourt of Criminal Appeals of Texas · 1958
  2. Rosamond v. StateCourt of Criminal Appeals of Texas · 1924
  3. Patterson v. StateCourt of Criminal Appeals of Oklahoma · 1929
  4. State v. HallbackSupreme Court of South Carolina · 1894
  5. White v. StateCourt of Criminal Appeals of Texas · 1927

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