The Texas Criminal Reports Volume 85

The Texas Criminal Reports Volume 85

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...ascertained, and it might be further ascertained that it was done in the presence and hearing of a citizen of the United States, and that such language was calculated to provoke a breach of the peace. If the evidence should disclose a probable case it may be sufiicient to hold the accused for the action of the grand jury under article 206, C. C. P. Ex parte Oakley v. State. 54 Texas Crim. Rep., 608. As we observe, under the terms of the statute the language must first be disloyal; second, the language must be of such a nature as that it may be reasonably calculated to provoke a. breac' of the peace. and, third. it must be in the hearing and presence of a citizen of the United States of America. In order to constitute fl e offense under said article, these three things must concur, otherwise there would be no ofiense. The facts are not before us, except insofar as the charge in the complaint. The language is not set out, and it is not known, outside of a general statement, whether it was disloyal to the United States or not, nor that it was calculated to provoke a breach of the peace, nor is there any allegation that it was made in the presence and hearing of a citizen of the United States. But under Article 206, supra, we are of opinion that the applicant should not be discharged, but should be relegated to an examining trial before the justice of the peace before whom the complaint was lodged, where the matter may be fully investigated and all the facts elicited. Therefore, this court does not feel justified in discharging the prisoner, but remands him to custody to be tried before the examining court. For the above reasons the application will be dismissed. Relator remanded to custody. AnoLPn FROMME v. Tm: STATE. No. 5179. more

Product details

  • Paperback | 368 pages
  • 189 x 246 x 19mm | 658g
  • United States
  • English
  • black & white illustrations
  • 1236920546
  • 9781236920546