Campbell v. State

Court of Criminal Appeals of Texas

Campbell v. State

158 S.W. 303, 71 Tex. Crim. 300, 1913 Tex. Crim. App. LEXIS 434

CourtCourt of Criminal Appeals of Texas

DecidedJune 25, 1913

DocketNo. 2612.

StatusPublished

This text of 158 S.W. 303 (Campbell 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

Campbell v. State, 158 S.W. 303, 71 Tex. Crim. 300, 1913 Tex. Crim. App. LEXIS 434 (Tex. 1913).

Pincite

Opinion

*301 HARPER, Judge.

Appellant was prosecuted in the Becorder’s Court of the City of Sweetwater for violating an ordinance of that city. Hpou conviction, he appealed to the County Court of Nolan County, and when tried he was again convicted and his punishment assessed at a fine in the sum of $5, and he attempts to perfect an appeal “to this court.

In the case of Richardson v. State, 3 Texas Crim. App., 69, it was held that this court had no jurisdiction of an appeal in that character of case, the court saying:

“The judgment of the County Court was a finality, and no appeal could he taken to this court from it. The law is: Tn all appeals from justices’, mayors’, or recorders’ courts there shall he a trial de novo in the County Court, and, when the judgment rendered, or fine imposed, or the amount in controversy shall not exceed $100/ exclusive of interest and costs, the judgment shall be final.’ Gen. Laws 15th Leg., p. 18, sec. 3, and p. 172, section 3; Const., art. 5, sec. 16; Ex parte Call, 2 Texas Crim. App., 497.”

Tn section 1228 of White’s Ann.. C. C. P., will be found a long list of authorities so holding, and this is not only the unvarjung rule since these decisions of this court, but the statutes so provide.

Appeal dismissed.

Dismissed.

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*301 HARPER, Judge.

Appellant was prosecuted in the Becorder’s Court of the City of Sweetwater for violating an ordinance of that city. Hpou conviction, he appealed to the County Court of Nolan County, and when tried he was again convicted and his punishment assessed at a fine in the sum of $5, and he attempts to perfect an appeal “to this court.

In the case of Richardson v. State, 3 Texas Crim. App., 69, it was held that this court had no jurisdiction of an appeal in that character of case, the court saying:

“The judgment of the County Court was a finality, and no appeal could he taken to this court from it. The law is: Tn all appeals from justices’, mayors’, or recorders’ courts there shall he a trial de novo in the County Court, and, when the judgment rendered, or fine imposed, or the amount in controversy shall not exceed $100/ exclusive of interest and costs, the judgment shall be final.’ Gen. Laws 15th Leg., p. 18, sec. 3, and p. 172, section 3; Const., art. 5, sec. 16; Ex parte Call, 2 Texas Crim. App., 497.”

Tn section 1228 of White’s Ann.. C. C. P., will be found a long list of authorities so holding, and this is not only the unvarjung rule since these decisions of this court, but the statutes so provide.

Appeal dismissed.

Dismissed.

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Bluebook (online)

158 S.W. 303, 71 Tex. Crim. 300, 1913 Tex. Crim. App. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-state-texcrimapp-1913.