Amos v. State
| Decision Date | 17 January 1951 |
| Docket Number | No. 25060,25060 |
| Parties | AMOS v. STATE. |
| Court | Texas Court of Criminal Appeals |
J. O. Duncan, F. L. Garrison, Gilmer, for appellant.
R. L. Whitehead, Longview, George P. Blackburn, State's Atty., of Austin, for the State.
Appellant was charged by indictment with the offense of driving a motor vehicle on a public highway in Gregg County on the 9th day of April, 1949, while intoxicated. It is also alleged that this was a second offense, he having been, prior thereto and on the 24th day of March, 1947, convicted in the County Court of Upshur County, on a charge of driving on a public highway while intoxicated. The conviction in this case was for a felony, with a sentence of one year in the penitentiary.
There is no dispute in the evidence that appellant drove a motor vehicle on Highway No. 271 in Gregg County, as alleged, while intoxicated. The only bill of exception in the record complains of the introduction of the record of the former conviction in the Upshur County Court. In qualifying the bill the trial judge says that the only objection to the introduction of this record was because the party on trial had not been given three days notice that the same would be offered in evidence in his trial in this cause.
The indictment alleged the former conviction and appellant could foresee that a certified copy of the record or the records themselves would be offered in evidence to sustain the charge. It is not required that notice be given of intention to introduce in evidence the records of a court or certified copy thereof for any period of time prior to the trial. See Branch's Ann.P.C., page 66, §§ 110 to 113.
At about the same time that the complaint was filed in the instant case appellant was also charged in Upshur County with driving on a public highway while intoxicated. This was approximately a year prior to the trial in Gregg County. It is inconceivable that a paper filed in one court may, under the circumstances of this case, have the force to defeat the jurisdiction of another court in a different county to hear and determine a complaint charging a different offense. Furthermore, if there had been any question about that, such a complaint could not be lodged and remain in the courts of another county to continually defeat the right of the Court of Gregg County to try the defendant under a charge properly lodged against him. Appellant has cited no...
To continue reading
Request your trial
-
Townsend v. State
...As A Bar to Criminal Prosecution,' 3 South Texas Law Journal 204, said: 'This holding has been consistently followed, (Amos v. State (155 Tex.Cr.R. 488), 237 S.W.2d 305; Chapman v. State (136 Tex.Cr.R. 285), 124 S.W.2d 112; Pickett v. State (113 Tex.Cr.R. 395), 22 S.W.2d 136; Ray v. State (......
-
Ex parte Hodges
...34 S.W.2d 290; Chapman v. State, 136 Tex.Cr.R. 285, 124 S.W.2d 112; Rice v. State, 135 Tex.Cr.R. 390, 120 S.W.2d 588; Amos v. State, 155 Tex.Cr.R. 488, 237 S.W.2d 305. It is clear that under the authorities cited the preliminary trial is to be granted 'if desired by the [defendant]', (Ramir......
-
Skaggs v. State
...admissible to prove a prior conviction and without having first been filed in the cause and notice given of such filing. Amos v. State, 155 Tex.Cr.R. 488, 237 S.W.2d 305; Hooper v. State, 160 Tex.Cr.R. 441, 272 S.W.2d 103; McGowen v. State, 163 Tex.Cr.R. 587, 290 S.W.2d 521, and Roberts v. ......
- Pollard v. State, 25213