Legal Opinion

Ex Parte Nitsche

Court of Criminal Appeals of Texas

Decided November 4, 1914No. 3288PublishedCited by 9 opinions

From Lee County. Original habeas corpus proceeding on the ground that the county attorney had failed to file an information in the Justice Court upon a complaint filed therein and sworn to before the county attorney. The opinion states the case.

1Opinion of the Court

HARPER, Judge.

—Complaint was sworn to before the county attorney, charging relator with selling unwholesome meat. This complaint was filed in the Justice Court, and relator tried and convicted. No information was filed by the county attorney in Justice Court, and relator seeks to have the proceedings declared void, because of the fact that the county attorney did not, in addition to a complaint, file an information on the complaint in the Justice Court. The question presented is, where the county attorney takes the complaint and files it in the Justice Court, is he also required to file an…

2Cited by9 opinions

  1. King v. StateCourt of Criminal Appeals of Texas · 1971
  2. Ex Parte GreenwoodCourt of Criminal Appeals of Texas · 1957
  3. Etheridge v. StateCourt of Criminal Appeals of Texas · 1915
  4. Ex Parte Traugott JankCourt of Criminal Appeals of Texas · 1922
  5. Ethridge v. StateCourt of Criminal Appeals of Texas · 1915

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