Armento v. State

Court of Criminal Appeals of Texas

Armento v. State

28 S.W. 200, 33 Tex. Crim. 539, 1894 Tex. Crim. App. LEXIS 158

CourtCourt of Criminal Appeals of Texas

DecidedOctober 17, 1894

DocketNo. 512.

StatusPublished

This text of 28 S.W. 200 (Armento v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Armento v. State, 28 S.W. 200, 33 Tex. Crim. 539, 1894 Tex. Crim. App. LEXIS 158 (Tex. 1894).

Pincite

Opinion

DAVIDSON, Judge.

On motion of tbe prosecution tbe appeal in tbis case from tbe Justice Court was dismissed in tbe County Court. Tbe recognizance for appeal to tbis court recites that appellant was convicted in tbe County Court. It should have recited tbe dismissal of bis appeal. There are two grounds in this character of ease which can attach tbe jurisdiction of tbe court on appeal: first, where the fine imposed in tbe County Court shall exceed $100 exclusive of cost; second, where tbe appeal from tbe Justice Court to tbe County Court has been dismissed in tbe latter court. These grounds are entirely distinct from each other. Tbe recognizance, to be valid, must recite one of said grounds, and it must set forth tbe true one, as manifested by tbe record. Tbe recognizance recites a conviction in tbe County Court, whereas in truth and in fact tbe record shows a dismissal of tbe appeal in the said court.

Tbe appeal is dismissed.

Dismissed.

Judges all present and concurring.

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DAVIDSON, Judge.

On motion of tbe prosecution tbe appeal in tbis case from tbe Justice Court was dismissed in tbe County Court. Tbe recognizance for appeal to tbis court recites that appellant was convicted in tbe County Court. It should have recited tbe dismissal of bis appeal. There are two grounds in this character of ease which can attach tbe jurisdiction of tbe court on appeal: first, where the fine imposed in tbe County Court shall exceed $100 exclusive of cost; second, where tbe appeal from tbe Justice Court to tbe County Court has been dismissed in tbe latter court. These grounds are entirely distinct from each other. Tbe recognizance, to be valid, must recite one of said grounds, and it must set forth tbe true one, as manifested by tbe record. Tbe recognizance recites a conviction in tbe County Court, whereas in truth and in fact tbe record shows a dismissal of tbe appeal in the said court.

Tbe appeal is dismissed.

Dismissed.

Judges all present and concurring.

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Bluebook (online)

28 S.W. 200, 33 Tex. Crim. 539, 1894 Tex. Crim. App. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armento-v-state-texcrimapp-1894.