Cubine v. State

Decision Date06 November 1912
Citation151 S.W. 301
PartiesCUBINE v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from Fannin County Court; Rosser Thomas, Judge.

Will Cubine was convicted of violating the local option law, and appeals. Affirmed.

Will Cubine, in pro. per. C. E. Lane, Asst. Atty. Gen., for the State.

HARPER, J.

Appellant was prosecuted and convicted of violating the local option law, and his punishment assessed at a fine of $30 and 30 days' imprisonment in the county jail.

There is no statement of facts accompanying the record. Consequently there is but one question presented that we can review, and that is presented in bills of exception Nos. 1 and 2. It appears that, when complaint was filed, the officer in affixing his jurat left off the year; the jurat reading: "Subscribed and sworn to before me this 31st day of August, A. D. 190_." The county attorney, before trial, requested the permission of the court to have the officer amend and correct his jurat, which leave was granted by the court, and the officer before whom the complaint was sworn to amended his jurat to read as follows: "Subscribed and sworn to before me this 31st day of August, 1911." This was permissible, and the court did not err in permitting the jurat to be amended. Scott v. State, 9 Tex. App. 434; Allen v. State (App.) 13 S. W. 998; Neiman v. State, 29 Tex. App. 361, 16 S. W. 253; Sanders v. State, 52 Tex. Cr. R. 156, 105 S. W. 803.

The judgment is affirmed.

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4 cases
  • Ex Parte Roselle
    • United States
    • Texas Court of Criminal Appeals
    • May 5, 1920
    ...in his jurat the number of his precinct, etc. If there be a technical defect in the jurat, the same might be amended. Cubine v. State, 68 Tex. Cr. R. 99, 151 S. W. 301; Sanders v. State, 52 Tex. Cr. R. 156, 105 S. W. 803; Flournoy v. State, 51 Tex. Cr. R. 29, 100 S. W. 151. This court will ......
  • Compere v. State
    • United States
    • Texas Court of Criminal Appeals
    • March 16, 1927
    ...began. There was no error in the court's action in this respect. Flournoy v. State, 51 Tex. Cr. R. 29, 100 S. W. 151; Cubine v. State, 68 Tex. Cr. R. 99, 151 S. W. 301; Adams v. State, 80 Tex. Cr. R. 632, 192 S. W. 1067; Nichols v. State, 84 Tex. Cr. R. 522, 208 S. W. In bill of exception N......
  • Means v. State
    • United States
    • Texas Court of Criminal Appeals
    • October 11, 1922
    ...16 S. W. 253; Flournoy v. State, 51 Tex. Cr. R. 29, 100 S. W. 151; Sanders v. State, 52 Tex. Cr. R. 156, 105 S. W. 803; Cubine v. State, 68 Tex. Cr. R. 99, 151 S. W. 301. We do not regard the fact that the maker of the affidavit did not hold up his hand when sworn of such materiality as wou......
  • Adams v. State
    • United States
    • Texas Court of Criminal Appeals
    • February 28, 1917
    ...and conform it to the complaint, the jurat may be amended. Flournoy v. State, 51 Tex. Cr. R. 30, 100 S. W. 151; Cubine v. State, 68 Tex. Cr. R. 99, 151 S. W. 301; Neiman v. State, 29 Tex. App. 361, 16 S. W. In Montgomery v. State, 60 Tex. Cr. R. 304, 131 S. W. 1087, a motion was made to qua......

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