Murray v. State

CHRISTIAN, Judge.

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

It was alleged in the indictment that appellants “were then and there duly qualified and acting deputy constables of Precinct No. 2 of Harris County, Texas.” Appellants insist that a deputy constable is not an officer within the contemplation of article 365, Penal Code, 1925. We quote the article: “If any officer or person authorized by law to demand or receive fees of office, shall willfully collect for himself or for another any fee or fees not allowed by law, or any money as a…