Texas Attorney General Opinion: V-109 Page: 2 of 8
8 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. George T. Thomas - Page 2 (V-109)
a judgment.
"Under such facts, will you please
give your opinion on the following:
"1. Can I, as County Attorney, leg-
ally dismiss such cases, and if so, what
effect does that have toward making the
County liable for return of the fines and
costs collected?
"2. Should the present County Judge,
under proper motion theretor, enter judg-
ment nunc pro tune in spite of the method
on-which the fine and costs were paid, that
is, without appearance before the court and
without actual sentencing by the court?
"3. If such cases cannot be disposed
of in either of the above a6thods -- how
can they be disposed of?"
Article 577, V.C.C.P., is as follows:
"The district or county attorney may,
by permission of the court, dismiss a crim-
inal action at any time upon filing a writ-
ten statement with the papers in the case
setting out his reasons for such dismissal,
which shall be incorporated in the Judgment
qf dismissal. No case shall be dismissed
without the consent of the presiding judge."
In State vs. Anderson, reported in 268 S.W.
(2d) 174, Judge Leddy, speaking for the Supreme,Court,
had this to say in regard to a dismissal of a criminal
case :
"A number of states have enacted sim-
ilar statutes to prevent the very abuse
that actuated the passage of the above ar-
tiole of the Code of Criminal Procedure.
The purpose of such statutes is indicated
in various decisions, among others, the
case of People v. MoLeod, 25 Wend. (N.Y.)
483, 37 Am. Dec. 328, wherein it is said:
"'It is said in New York that be-
cause at common law the power of the at-
torney general had been delegated to dis-
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-109, text, March 28, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264929/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.