Smallwood v. State

Court of Criminal Appeals of Texas

Smallwood v. State

39 S.W.2d 1116, 118 Tex. Crim. 91, 1931 Tex. Crim. App. LEXIS 558

CourtCourt of Criminal Appeals of Texas

DecidedJune 10, 1931

DocketNo. 14334.

StatusPublished

Cited by1 cases

This text of 39 S.W.2d 1116 (Smallwood 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

Smallwood v. State, 39 S.W.2d 1116, 118 Tex. Crim. 91, 1931 Tex. Crim. App. LEXIS 558 (Tex. 1931).

Pincite

Opinion

HAWKINS, Judge.

Conviction is for wife desertion, punishment being one year in the penitentiary.

*92 The prosecution was under article 602, P. C., as amended by chapter 195, Regular Session, 41st Legislature (Vernon’s Ann. Penal Code, art. 602).

In Ex parte Heartsill, 118 Texas Crim. Rep., 157, 38 S. W. (2d) 803, decided May 6, 1931, motion for rehearing overruled May 27th, 1931, it was held that the amendatory act was unconstitutional by reason of a defective caption.

It therefore becomes necessary to reverse this judgment and remand the cause for such further proceedings as are not inconsistent with the holding in the Heartsill case, supra. In the latter case it was assumed that the misdemeanor statute was still operative. It therefore occurs to us that the proper procedure would be for the district court to transfer the case to the county court to be proceeded on there.

Reversed and remanded with instructions.

Free access — add to your briefcase to read the full text and ask questions with AI