The Laws of Texas, 1822-1897 Volume 1 Page: 370
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Laivs and Decrees of Coahuila and Texas.
suitable person to defend his case, and with him the demand shall be
determined, and the sentence executed without redress.
Paragraph 2n2d.-Of t/ic Trial Sz'uimario.
ART. -9. Immediately on receiving information whether by accusation,
letter, official notice, or in any other manner whatever, of a crime
having been committed, for which a judicial process is required to be instituted,
the judge, or commissary, as the case may be: shall take an account
of said information, in writing, and shall immediately take such
steps as shall conduce to the investigation of the crime and the detection
of its author or authors.
ART. 50. The [the judge or commissary,] shall concur personally with
assisting witnesses; and others professionally instructed in such cases,
if they can be had, to certify, the crime, with all its circumstances, recognising,
(if it be homicide,) the body, the situation of the wounds, their
dimensions, and with what weapon they were inflicted: If it be a robbery,
its signs, the previous existence of the thing robbed, the mode of
entrance, and what vestiges or tracks may be discovered; and in like manner
in all other cases, signing the investigations made, with the assisting
witnesses, and professional men, who shall previously be sworn to make a
true and faithful report.
ART. 51. After these preliminaries, the judge shall take the declaration,
of the accused if in his power, and afterwards examine all the witnesses,
that may be had in the case.
ART. 52. When, according to the laws, the crime shall not merit the
panishment of death, transportation, banishment, imprisonment, fetters,
ori labor on the public works, the accused shall be set at liberty, giving
bail and security in conformity with the 184 article of the constitution.
ART. 53.'Vagabonds, Habitual drunkards, the quarrelsome, and the
delinquent who may have committed the same crime more than once,
shall not enjoy the privilege mentioned in the preceding article.
ART. 54. If upon examination, it appear that the accused is not guilty,
he shall immediately be set at liberty by the judge; but if the crime be
proved, and the criminal ascertained, the sentence of imprisonment shall
be made out within forty-eight hours after his arrest, he shall be notified
thereof, and sent to the capital of the district, with a copy of the aforementioned
sentence, that the alcalde may be made acquainted with his
responsibility; and a summary of the whole proceeding shall be forwarded
to the Secretary of the district.
Of the Trial Crizminal Plezario.
ABT. 55. The district secretaries shall keep a record, in a book suitable
for that purpose. according to the dates of the sentences of
imprisonment, giving therein an account of the causes transmitted by the
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5872/m1/378/: accessed December 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .