Texas Attorney General Opinion: V-491 Page: 1 of 7
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* THE ATTORNEY GENERAL
OF TEXAS
IPHCE DANIEL AUSTIN, TEXAS
February 2, 1948
Hon. Ray Martin, Opinion No. V-491
County Attorney,
Wichita County, Re: The legality of the proposed
Wichita Falls, Texas. criminal prosecution of a cor-
poration for offering a lulterated
food for sale.
Dear Mr. Martin:
Your letter requesting an opinion of this Department
is, in part, as follows:
"We desire to prosecute by criminal com-
plaint and information a Corporation, doing busi-
ness in Wichita Falls, Texas, for violation of Ar-
ticle 707 of the Penal Code, Pure Food and Drug
Act. We have evidence to prove that two young
boys purchased two ham sandwiches from this
firm, and after eating part of the same, discover-
ed the ham to be rotten and containing maggots.
"We request a legal opinion of the Attorney
General as to the following:
(1) Cin a corporation as a separate entity
be prosecuted under the Texas Law for the crim-
inal offense of offering adulterated food for sale.
(2) If so, what is the proper procedure to
follow in such prosecution?
"It is believed that the proper procedure to
prosecute a corporation for a misdemeanor is by
filing a complaint and information against the cor-
poration and by serving a copy of the information
on the local manager as in civil cases, citing the
corporation to appear for trial on a certain date.
Attached hereto is a copy of the information I
propose to file in this case. Please advise if in
your opinion the allegations therein contained are
sufficient. .. "
Article 706, Vernon's Penal Code, is, in part, as
follows:
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-491, text, February 2, 1948; (https://texashistory.unt.edu/ark:/67531/metapth265310/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.