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

  1. Aulanier v. GovernorTexas Supreme Court · 1846
  2. McKinney v. O'ConnorTexas Supreme Court · 1861
  3. Caruthers v. StateTexas Supreme Court · 1886
  4. Watts v. StateCourt of Appeals of Texas · 1886

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