Rawlings v. State

Decision Date01 January 1873
Citation39 Tex. 200
PartiesH. RAWLINGS ET AL. v. THE STATE.
CourtTexas Supreme Court

OPINION TEXT STARTS HERE

A violation of section 14 of the act of May 22, 1871, is not punishable by indictment, but must be done by information in the form of a qui tam action.

APPEAL from Bee. Tried below before the Hon. D. D. Claiborne.

The facts appear in the opinion of the court.

J. Payne, for appellants.

Wm. Alexander, Attorney General, for the state.

OGDEN, P. J.

The appellants were indicted and convicted for a violation of the stock law approved May 22, 1871. They moved in arrest of judgment and for a new trial, and their motions being overruled they have appealed to this court. In the case of Garcia v. The State, recently decided, it was distinctly determined that the violation of section 14 of the act of May 22, 1871, was not punishable by indictment, but must be done by information, in the form of a qui tam action; and under the authority of that case the judgment in this must be reversed and the cause dismissed.

Reversed and dismissed.

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3 cases
  • American Liberty Pipe Line Co. v. Agey
    • United States
    • Texas Court of Appeals
    • December 16, 1942
    ...Bush v. Republic of Texas, 1 Tex. 455; Doss v. State, 6 Tex. 433; Tarde v. Benseman, 31 Tex. 277; State v. Garcia, 38 Tex. 543; Rawlings v. State, 39 Tex. 200. He contends that Sec. 11 authorized the suit as brought; and that the invoked constitutional provisions were not infringed because ......
  • Gibbs v. State
    • United States
    • Texas Court of Criminal Appeals
    • June 24, 1898
    ...to hold that the prosecution can only be maintained in the name of the informer. These are State v. Garcia, 38 Tex. 543, and Rawlings v. State, 39 Tex. 200,—both decided by the supreme court during the reconstruction period. In support of these opinions no authority whatever is cited. The q......
  • Cavitt v. A. B. James & Co.
    • United States
    • Texas Supreme Court
    • January 1, 1873
    ... ... We think that under this state of the case we can establish, that Brantly being dead, Nations, as surviving partner, did, by indorsing the firm name and his own on [39 Tex. 196]the ... ...

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