Evans v. State
| Decision Date | 15 April 1896 |
| Citation | 35 S.W. 169 |
| Parties | EVANS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Falls county court; William Shelton, Judge.
Gus Evans was convicted of exhibiting a gaming table and bank, for the purpose of gaming, and appeals. Reversed.
Mann Trice, for the State.
Appellant was convicted of exhibiting a gaming table and bank for the purposes of gaming, and his punishment assessed at a fine of $25, and 10 days' imprisonment in the county jail, and prosecutes this appeal. The only question that requires to be considered in this case is that presented in appellant's first bill of exceptions. It appears therefrom that the complaint on which the information was predicated was made and sworn to on the 18th of September, 1895; that appellant was arrested on said complaint before any information was filed; and that the information was not in fact made and filed in court until the 30th day of October, 1895. Appellant made a motion to quash the information, on the ground, as he alleges, that he was illegally arrested on said complaint; and he further craved in said motion for the court, if it should hold the arrest a legal one, and the information good, to allow him two days from the time of the filing of the information herein in which to file written pleadings and prepare for trial. Said motion was in all things by the court overruled, and appellant reserved his bill of exceptions.
There was no error in the action of the court in refusing to quash the proceedings, but the court should have granted the appellant two days within which to prepare and present his written pleadings in the case. Our Code of Procedure provides the character of written exceptions and motions that may be filed to an information. Article 567 (New Code Cr. Proc.) provides: "In all cases, the defendant shall be allowed two entire days, exclusive of all fractions of a day, after his arrest, and during the term of the court, to file written pleadings." This we understand, under the law, to be a right guarantied a defendant "in all cases"; and it is not necessary for him, in order to protect himself in this guaranty, that he make known to the court what character of written pleadings he may desire to present, or that he desires to present any written pleadings. As we understand it, the statute is intended to afford him the opportunity, after his arrest, to prepare for trial, to examine the legal questions involved in the case, and to determine whether any...
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Moreno v. State
...against which defensive pleadings might be levelled. Brewin v. State, 48 Tex.Cr.R. 51, 85 S.W. 1140 (1905); Evans v. State, 36 Tex.Cr.R. 32, 35 S.W. 169, 170 (1896); Pugh v. State, 163 Tex.Cr.R. 258, 289 S.W.2d 929 (1956); see also authorities gathered in Miller v. State, 123 Tex.Cr.R. 507,......
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Johnson v. State
...thereto under article 578 of the Code of Criminal Procedure. See, also, Reed v. State, 31 Tex. Cr. R. 35, 19 S. W. 678; Evans v. State, 36 Tex. Cr. R. 32, 35 S. W. 169. In Reed's Case it was held by this court, in an opinion by Judge Davidson, that a plea entered under compulsion does not s......
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Oliver v. State
... ... See Reed v. State, supra; Evans v. State, 26 Tex.Cr.R. 32, 35 S.W. 169 (Tex.Cr.App.1896); Johnson v. State, 49 S.W. 618 (Tex.Cr.App.1899); McFadin v. State, 44 Tex.Cr.R. 471, 72 S.W. 172 (Tex.Cr.App.1903); McKenzie v. State, 116 Tex.Cr.R. 395, 11 S.W.2d 172 (Tex.Cr.App.1928). Such time allowed an accused is both a precious ... ...
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Rice v. State
... ... Appellant was entitled to a service of the copy of the indictment and two days' time claimed by him, unless, by the course he pursued, he waived the same. Articles 540, 542, and 568, White's Ann. Code Cr. Proc. 1895, have been construed by this court in a number of cases. Evans v. State, 36 Tex. Cr. R. 32, 35 S. W. 169; Holden v. State, 71 S. W. 600, 6 Tex. Ct. Rep. 483; Scoville v. State, 77 S. W. 792, 8 Tex. Ct. Rep. 884; Brewin v. State, 85 S. W. 1140, 12 Tex. Ct. Rep. 663. These and other cases appear to regard the statute as mandatory; that is, where an accused is in ... ...