Legal Opinion

Yawn v. State

Court of Criminal Appeals of Texas

Decided January 27, 1897No. 1128PublishedCited by 8 opinions

Appeal from the County Court of Ellis. Tried below before Hon. J. C. Smith, County Judge. Appeal from a conviction for simple assault; penalty, a fine of $5. The opinions sufficiently state the case.

1Opinion of the Court

DAVIDSON, Judge.

Appellant files a motion for certiorari “to perfect the transcript in this case for the following matters: (1) To correct the statement of facts by fixing the signature of J. C. Smith, Judge of the County Court, thereto. (2) Appellant’s motion for a new trial filed in the County Court.” This court, on the motion as presented, cannot award the writ of certiorari as prayed for. We cannot, by a writ of certiorari, force the County Judge to sign a statement of facts, nor correct a motion for a new trial in the trial court. Even if the matters were shown by the motion to be as…

2Cited by8 opinions

  1. Brown v. StateCourt of Criminal Appeals of Texas · 1909
  2. Hillburn v. State, Texas Court of Appeals, 7th District (Amarillo)1982
  3. Ex parte PruittCourt of Criminal Appeals of Texas · 1917
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1912
  5. Focke v. StateCourt of Criminal Appeals of Texas · 1912

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