Malloy v. State
This text of 33 S.W. 1082 (Malloy 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.
Opinion
Plea to the jurisdiction of the court was urged, because the transfer misnamed the accused, and recited the offense to be “gaming,” whereas the offense charged was in fact for keeping and exhibiting a gaming table and bank. An amended transfer was then filed, properly naming the accused, but which did not name the offense. A second plea to the jurisdiction was then urged, because of this omission to name the offense with which the accused was charged. It was proper to amend the certificate of transfer. It was unnecessary to name the accused on the minutes of the District Court, in noting the presentment of the indictment in that court, and it is not required to make entry on said District Court minutes of the offense charged. Code Crim. Proc., Arts. 415-417; Willson’s Crim. Proc., § 1943, for authorities; Tellison v. State, ante, p. 388. It is not controverted that *391 the second transfer correctly trap scribes the minutes of the transferring court. The judgment is affirmed.
Affirmed.
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Cite This Page — Counsel Stack
33 S.W. 1082, 35 Tex. Crim. 389, 1896 Tex. Crim. App. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malloy-v-state-texcrimapp-1896.