Brackenridge v. State
Court of Appeals of Texas
Appeal from the District Court of Travis. Tried below below before the Hon. W. M. Key. The conviction in this case was had under an indictment which charged the appellant, as county judge, with official extortion in demanding fees not allowed by law. The jury assessed as penalty against the defendant a fine of twenty-five dollars, and, upon the verdict, the trial judge adjudged his removal from office, and declared the office of county judge vacant.
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Appeal from the District Court of Travis. Tried below below before the Hon. W. M. Key. The conviction in this case was had under an indictment which charged the appellant, as county judge, with official extortion in demanding fees not allowed by law. The jury assessed as penalty against the defendant a fine of twenty-five dollars, and, upon the verdict, the trial judge adjudged his removal from office, and declared the office of county judge vacant. The State introduced in evidence the account upon which the indictment was based as follows: “Statement of total cases deposed of by Hon. J. M.…
1Opinion of the Court
Willson, Judge.
This conviction is under article 240 of the Penal Code, which reads: “If any officer authorized by law to demand or receive fees of office, or any person employed by such officer, shall wilfully demand or receive higher fees than are allowed by law, or shall wilfully demand or receive fees not allowed bylaw, he shall be punished by fine not less than twenty-five nor more than one hundred dollars for each offense.”
The charging part of the indictment is as follows: “That J. M. Brackenridge, in said county and State, on or about the eighth day of ¡November in the year of our Lord,…
2Cases cited4 opinions
- Trigg v. StateTexas Supreme Court · 1878
- Henrie v. StateTexas Supreme Court · 1874
- Gordon v. StateTexas Supreme Court · 1875
- Flatan v. State ex rel. EdwardsTexas Supreme Court · 1882
3Cited by33 opinions
- Gallagher v. StateCourt of Criminal Appeals of Texas · 1985
- Laenger v. LaengerSupreme Court of Louisiana · 1915
- State Ex Rel. Edwards v. ReynaTexas Supreme Court · 1960
- Hawkins v. Common CouncilMichigan Supreme Court · 1916
- Robinson v. StateCourt of Criminal Appeals of Texas · 1971
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