Jay v. State
Court of Criminal Appeals of Texas
The information charged appellant with an assault upon Henry Smith, marshal of the town of Morgan, who was then and there in discharge of the duties of his office. No statement necessary.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of a sim•ple assault on an officer alleged to he in the discharge of his official duties. The evidence discloses the officer was the marshal of an incorporated town. It is contended by appellant that such officer is not a peace officer. There is no merit in this contention. Article 43, Code of Criminal Procedure, expressly declares the marshal of an incor-. porated town or city a peace officer. It would seem that appellant contends, because this court has held that a mayor’s or city court has no jurisdiction of a violation of the Penal Code of…
2Cited by4 opinions
- Luttrell v. StateCourt of Criminal Appeals of Texas · 1913
- Merka v. StateCourt of Criminal Appeals of Texas · 1917
- Haygood v. StateCourt of Criminal Appeals of Texas · 1907
- Shuffield v. StateCourt of Criminal Appeals of Texas · 1911