Legal Opinion · Concurrence
Knowles v. Scofield
Court of Criminal Appeals of Texas
Decided April 30, 1980No. 64432Published
1ConcurrenceDouglas, Judge
I concur with the majority that relief should not be granted.
This is a collateral attack upon an indictment alleging that the courthouse of Den-ton County is not located at the county seat. This Court has held that a collateral attack may not be made upon an indictment where it was presented at the de facto site of county government:
“The jurisdiction of the court to try this case at Marfa did not depend upon the question whether or not Marfa was the county-site de jure of Presidio county. It being de facto the county-site was sufficient to give the court jurisdiction; Marfa was being occupied…
2Cases cited4 opinions
- Aulanier v. GovernorTexas Supreme Court · 1846
- McKinney v. O'ConnorTexas Supreme Court · 1861
- Caruthers v. StateTexas Supreme Court · 1886
- Watts v. StateCourt of Appeals of Texas · 1886