Skaggs v. State

247 S.W.2d 906, 157 Tex. Crim. 195, 1952 Tex. Crim. App. LEXIS 1741

Opinions

MORRISON, Judge.

The offense is the sale of wine without a permit in a wet area, as denounced by Article 666-4a; the punishment, a fine of $100.00. A stipulated statement of facts shows a sale of wine in a wet area without a permit. Appellant did not testify, nor did he offer any witnesses in his behalf.

The sole question presented for review is the jurisdiction of the County Criminal Court of Dallas County to try such an offense. It is appellant’s contention that, since Article 666-4(3) provides for punishment by fine not exceeding $50.00, the jurisdiction for the offense charged herein should have been in the Justice Court.

In Shafer v. State, 151 Tex. Cr. R. 558, 209 S. W. (2d) 599, we had an occasion to discuss this same contention and, at that time, carefully analyzed the question and feel that it is controlling herein.

It will further be noted that Article 52-159a, Section 2, C. C. P., which created County Criminal Court No. 2 of Dallas County, vested in said court the same criminal jurisdiction as is vested in county courts under the Constitution and laws of this state. Construing Article 56, C. C. P., this court has repeatedly held that county courts have concurrent jurisdiction with justice courts of misdemeanors cognizable in justice courts.

Such a finding disposes of appellant’s one bill of exception.

Finding no reversible error, the judgment of the trial court is affirmed.