Ramsey v. State

Court of Criminal Appeals of Texas

Ramsey v. State

37 S.W. 330, 36 Tex. Crim. 392, 1896 Tex. Crim. App. LEXIS 171

CourtCourt of Criminal Appeals of Texas

DecidedOctober 28, 1896

DocketNo. 1298.

StatusPublished

This text of 37 S.W. 330 (Ramsey 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

Ramsey v. State, 37 S.W. 330, 36 Tex. Crim. 392, 1896 Tex. Crim. App. LEXIS 171 (Tex. 1896).

Pincite

Opinion

DAVIDSON, Judge.

Appellant is charged with selling intoxicating liquors in a local option precinct. The recognizance recites that he “stands charged in this court by bill of indictment with selling intoxicating liquors, and who has been convicted of said offense in this court,” etc. This recognizance, in order to be a valid undertaking in law, or such as to attach the jurisdiction of this court on appeal,-should have further recited those elements of the offense charged in the indictment, to-wit: selling intoxicating liquors in a precinct where local option was in effect. To state it in another form, the recognizance must state the offense of which the appellant stands indicted. If it is an offense eo nomine, it is sufficient to so recite. If not, it must recite all of the constituent elements of such offense in the recognizance. This has not been done, and it is fatally defective, for which reason the jurisdiction of this court has not attached, and the appeal is dismissed.

Hurt, Presiding Judge, absent. Dismissed.

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DAVIDSON, Judge.

Appellant is charged with selling intoxicating liquors in a local option precinct. The recognizance recites that he “stands charged in this court by bill of indictment with selling intoxicating liquors, and who has been convicted of said offense in this court,” etc. This recognizance, in order to be a valid undertaking in law, or such as to attach the jurisdiction of this court on appeal,-should have further recited those elements of the offense charged in the indictment, to-wit: selling intoxicating liquors in a precinct where local option was in effect. To state it in another form, the recognizance must state the offense of which the appellant stands indicted. If it is an offense eo nomine, it is sufficient to so recite. If not, it must recite all of the constituent elements of such offense in the recognizance. This has not been done, and it is fatally defective, for which reason the jurisdiction of this court has not attached, and the appeal is dismissed.

Hurt, Presiding Judge, absent. Dismissed.

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Bluebook (online)

37 S.W. 330, 36 Tex. Crim. 392, 1896 Tex. Crim. App. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsey-v-state-texcrimapp-1896.