Johnson v. State

Citations

• 26 Tex. Ct. App. 395
• 9 S.W. 611
• 1888 Tex. Crim. App. LEXIS 204

Syllabus

<p>1. Jurisdiction of the Inferior Courts—Constitutional Law.—Section 22 of article 5 of the State Constitution empowers the Legislature-by focal or general law to increase, dimmish or change the civil and criminal jurisdiction of the county courts, and requires the Legislature, in the case of such change, to conform the jurisdiction of the other courts to the same.</p> <p>2. Same.—SeetioD 16 of the same article of the Constitution provides that “ in all appeals from justice’s courts there shall be a trial de novo in thecr -nty court, and when the judgment rendered or fine imposed by the county court does not exceed one hundred dollars, such trial shall be-final,” ete.</p> <p>5. Same—Jurisdiction of the Court of Appeals.—By section 6 of the same article of the Constitution it is provided that the Court of Appeals shall have appellate jurisdiction co-extensive with the limits of the State in all criminal cases of whatever grade. This provision is re-enacted by article 66 of the Code of Criminal Procedure, which, however, is controlled by article 67 of the said Code, which expressly deolares that article 66 shall not be so construed as to embrace eases which have-been appealed from justice’s, mayor’s or other inferior courts to the county court, and in which the judgment or fine in the county court shall not exceed one hundred dollars, exclusive of costs.</p> <p>4. Same.—Article 76a of the Code of Criminal Procedure provides that, “ in-all counties in which the civil and criminal jurisdiction, or either, of county courts has been transferred to the district courts, appeals and writs of certiorari may be prosecuted to remove a case tried before a justice of the peace to the district court, in the same manner and under-the same circumstances under which appeals and writs of certiorari are-allowed by general law to remove cases to the county court.”</p> <p>6. Same—Case Stated. —Under the above constitutional and statutory provisions, the Legislature, by act of March 27,