Langbein v. State

Citations

• 37 Tex. 162

Syllabus

<p>1. There is nothing in Chapter 65 of the Acts of 1870 incompatible with Article 3393 of Paschal’s Digest, which allows a party on trial before a j ustice of the peace to waive his constitutional right of trial by jury.</p> <p>3. The overruling of a motion for a new trial is a. prerequisite to an appeal from a judgment of a justice of the peace to the District Court.</p> <p>3. Section 17 of Article 5 of the Constitution gives justices of the peace jurisdiction over all offenses of a lower grade than felony, and aggravated assault is included within this class.</p> <p>4. The District Court might have allowed the appellant to prosecute the appeal notwithstanding it was improperly taken, if no objection thereto was interposed.</p> <p>5. Judgments of the District Courts rendered in cases appealed from justices’ courts are final, and a further appeal to the Supreme Court is not allowable.</p>