Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 306
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306 BILLS V. THE STATE. [Term of
Opinion of the Court.
District Court was dismissed, and a writ of procedendo
awarded "to the justice to execute the judgment heretofore
"rendered by him." Thereupon the defendant moved for a rehearing
and an arrest of judgment, and in the latter motion
called the attention of the District Judge to the want of power
in the justice of the peace to try the cause, and asked to be
discharged, which motions were overruled and defendant appealed.
Attorney-General, for the State.
DEVINE, J. The dismissal of a cause for want of jurisdic
tion would usually require a statement of that fact, and nothing
When, however, as in the present case, a citizen has been
arrested, tried, convicted, and fined, in direct violation of the
plainest requirements, or prohibitions of the Criminal Code,
and the statute under which the county attorney and the justice
of the peace acted, it is proper and necessary to notice
these facts. The record of this case is a chapter of errors and
omissions from the commencement to the close.
The county attorney of Lamar county filed an information
with a justice of the peace, charging appellant with taking,
without lawful authority, about six dollars' worth of hay from
B. Shiver, "without his consent, and by force and without
" lawful authority."
The Criminal Code declares every offense a felony which is
punishable by imprisonment in the penitentiary, either absolutely,
or in the alternative. (Paschal'sDigest, Article 1658.)
The Act of May 28th, 1864, under which the appellant was
prosecuted, punished the offense with fine or imprisonment in
the county jail, or confinement in the penitentiary. (See
Paschal's Digest, Article 2400.)
The accused was arrested and tried on an information filed
against him for an offense known to the Code as a felony, the
Code providing proceedings by indictment only, in cases of
felony. (Paschal's Digest, Article 2859.)
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/314/: accessed June 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .