Angel v. State

Whether the construction given Articles 998 and 999, V.A.C.S., by the majority is correct is a moot point until it is determined that they are applicable to a Tomball police officer. That determination, in turn, depends upon the legal authority under which Tomball was organized and exists. But on that point the record is silent.

All this record shows is that the arrest of appellant was made by a “Police Officer with the City of Tomball,” outside city limits. Nothing else informs us of the corporate status of Tomball and of any authority it has granted to its police officers.

By their very…