(DOWNLOAD) "Richard Lee Fouke v. State Texas" by 560 The Texas Court of Criminal Appeals No. 50 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Richard Lee Fouke v. State Texas
- Author : 560 The Texas Court of Criminal Appeals No. 50
- Release Date : January 26, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is an attempted appeal from a conviction for resisting arrest; the punishment assessed by a jury is a fine of $25.00. If it were not moot this Court would have jurisdiction of this appeal. This prosecution was by complaint and information in a County Court at Law. Regardless of the amount of the fine, this Court has jurisdiction of all appeals from county courts when the prosecution is commenced in the county court. Art. 4.03, V.A.C.C.P. The rule is not the same when cases are tried in justice or municipal courts and appealed to the county court; an appeal of these cases may only be taken if the fine assessed in the county court exceeds $100.00. Art. 4.03, V.A.C.C.P. The county court has concurrent original jurisdiction with justice courts and municipal courts in all prosecutions where a statute does not specifically exclude county court jurisdiction. See Art. V, Sec. 16, Constitution of the State of Texas; Art. 4.07, V.A.C.C.P.; Solon v. State, 5 Tex.App. 301 (1878); Woodward v. State, 5 Tex.App. 296 (1878); Rose v. State, 148 Tex. Crim. 82, 184 S.W.2d 617 (Tex.Cr.App. 1945); Skaggs v. State, 157 Tex. Crim. 195, 247 S.W.2d 906 (Tex.Cr.App. 1952). In a prosecution for resisting arrest the county court has concurrent original jurisdiction with justice and municipal courts.