Zinn v. State
Decision Date | 13 November 1912 |
Citation | 151 S.W. 825 |
Court | Texas Court of Criminal Appeals |
Parties | ZINN v. STATE. |
Appeal from Hamilton County Court; R. Q. Murphree, Judge.
Ollie Zinn was convicted of a violation of the gaming laws, and he appeals. Reversed, and prosecution dismissed.
S. R. Allen, of Hamilton, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
This is a conviction for a violation of the gaming laws.
The statement of facts and bills of exception were filed after the adjournment of court. The case being appealed from the county court, there must be an order, entered of record, authorizing the filing of these papers after term time, in order to authorize this court to consider and review them. In the absence of these matters, there is nothing which the court can intelligently revise.
The judgment is ordered to be affirmed.
On Motion for Rehearing.
On a former day of the term the appeal herein was affirmed, without reference to the statement of facts. It is shown now the statement of facts was filed within the 20 days allowed by the court, and will be considered.
The motion for rehearing calls our attention to the fact that we overlooked the motion to quash and in arrest of judgment, contending that the information is not sufficient. The information charges as follows: etc. The contention is made that the information does not present in the court, under the last count mentioned and quoted, that appellant had violated the law; that it only presents to...
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State v. Arnold
... ... 8811, 8812, 8825-8827 and 8834; State v ... Flower, 27 Idaho 223, 147 P. 786; State v ... Scheminisky, 31 Idaho 504, 174 P. 611; State v ... Cole, 31 Idaho 603, 174 P. 131; People v ... Simpton, 133 Cal. 367, 65 P. 834; State v ... Nelson, 79 Minn. 388, 82 N.W. 650; Zinn v. State ... (Tex. Crim.), 151 S.W. 825; Compton v. State, ... 71 Tex. Crim. 7, 158 S.W. 515; State v. Ellis, 43 ... Ark. 93; Shanks v. State, 51 Miss. 464; Dukes v ... State, 9 Ga.App. 537, 71 S.E. 921; Rose v ... Commonwealth, 116 Va. 1023, 82 S.E. 699; State v ... Davis ... ...
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Compton v. State
...of an information," but is an oath in the nature of a complaint, and his contention should have been sustained. In the case of Zinn v. State, 151 S. W. 825, this court held in an opinion by Presiding Judge Davidson: "The contention is made that the information does not present in the court,......
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Martin v. State, 21750.
...capacity, but, to the contrary, is in the nature of a complaint by the county attorney personally or as an affiant. Zinn v. State, 68 Tex.Cr.R. 149, 151 S.W. 825; Compton v. State, 71 Tex. Cr.R. 7, 158 S.W. Art. 414, C.C.P., requires that an information, to be sufficient, must be presented ......
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Janks v. State
...been passed upon several times, we deem it unnecessary to discuss it, but cite the authorities which are in point. Zinn v. State, 68 Tex. Cr. R. 149, 151 S. W. 825, and Compton v. State, 71 Tex. Cr. R. 7, 158 S. W. The information being insufficient, the judgment is reversed, and the cause ......