State v. Lackey

Citations

• 35 Tex. 357

Syllabus

<p>1. A district attorney jpz'o tempore is legally empowered to do whatever the regular district attorney is authorized by law to do; and therefore an affidavit taken as the basis for an information may be sworn to before a district attorney pro tempore, in like manner as before the regular incumbent of the office. (Paschal’s Digest, Article 2871.)</p> <p>2. Though on an appeal taken to this court in a misdemeanor case, it was error for the district court to suffer the defendant to go at large on Ms own recognizance, without sureties, yet the error is such an one as he will not be heard to complain of in this court.</p> <p>3. In the information as sent up to this court in the transcript, the word June appears to be written soon or sum. Held, that an objection based upon that discrepancy, and not raised in the court below, is frivolous.</p>