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The State of Texas 

OFFICE OF THE ATTORNEY GED?ZW., OF TEXAS 

Austin 

Gerald C. Mann 

Attorney General 

Honorable George W. Cox 

State Health Off lcer 

Austin, Texas 

Dear Sir: Opinion No. O-3411 

Re: Correct form ror complaint 

for riling charges against 

an Individual for sellfng 

the meat of an animal that 

had died from natural cause. 

This is to acknowledge your recent request for our 

opinion as to the sufficiency or a complaint form submitted 

along with your letter, and asking that we prepare a correct 

form in the event we found yoursina?propriate. 

The case of Cosine v. State, 87 Tex. Cr. R. 92, 220 

9. W, 102, was one wherein the defendant was charged with the 

offense of selling, ol’ferlng for sale and possessing for the 

purpose of sale an article of food consistin& of meat and product of an animsl that had died othernrlse than by slaughter. 

Yihlle the Cozine case was decided in 1320, prior to the last 

codlrication of our Penal Code, the applicable StatUt8 has been 

brought forward without change. The Court of Criminal Appeals 

approved the Indictment in the case. Yhlle th8 opinion of that 

court does not set out the form, we have examined the Sam8 as 

shown in the transcript on file in the Clerk’s office. There 

were two counts in said indictment, the charging part of each 

being here copied: 

First count: 

“Did then end there unlawfully have in his 

possession with intent to sell, did then and 

there offer and expose for sale, and did theu 

Andy there offer to sell to John Doggett an article of food consisting 0: meat and product 

of an animal unfit for food, to-wit a hog that 

had died otherwise than by slaughter.” 
. 

. 

. 

, 

Honorable George Vi. Cox, Page 2 

Second count: 

"Did then and there unlawfully have in hls 

possession with Intent to cell, and dfd then and 

there offer Andy expose for sale, and did then 

and there sell to Mrs. Della Anthony an article of 

food that consisted of the meat and product of an 

animal unfit ror food, to-wit, the meat and carcass of a.hog that had died otherwise than by 

slaughter." 

In view of the above, we have prepared and attached 

hereto a form of complaint we are confident will meet any attack in the appellate courts. We think the attached form preferable to the one you submit because of the approval given the 

indictment In the Cosine case, supra. Vie do not mean by this 

to imply absOlUt8ly that your form would not b8 sustained, although we observe the State would most likely have a greater 

burden of proof than If proceeding under the Dozine form. We 

also note that the kind of animal is not specified in the form 

you submit. 

Trusting the above is satisfaotory, we are 

Yours very truly 

ATTORNEX GEN?&L OF TEXAS 

.- 

ENCLOSURB 

AWROVED MAY 5, 1941 

/s/ Grover Sellers 

'., FIRST ASSISTANT 

.~ ATTCJRNEY GEKERAL 

APPROVED OPINION COUKITTEE 

By BWB Chairman 

By /s/ Benjamin VJoodall 

Banjamln Voodall 

Assistant 
.’ 

. 

. ’ 

IN THE NAMEANDBYTHE AUTHORITYOF THE STATE OF TEXAS: 

BEFORE me, the undersigned authority, on this day peraonally appeared , who, arter being by me 

duly 6worn, on his oath deposes and says that he has good reason 

to bellsve end does believe that In the 

county of and State oi T8xas, on or about the 

day of - , A. D. 1942, and betore the making and 

filing of this complaint, did then and there unlawfully have in his. 

possession with intent to sell, and did then and there offer and 

expose for sale, and did then and there sell to I 

an article of rood that consisted of the Feat and product of an 

animal unfit ror food, to-wit the neat of a hog that had died 

otherwise than by slaughter, 

Against the peace aud dlgnlty of the State. 

\ ‘:. 

SWORN TO AND SUBSCRIBED before me by 

a credible person, on this the -day or 

194-. 

t 

, A. D., 

I. 

County Attorney of 

County, Texas. 

(This rorm.,may be endorsed on the back thereor, exabtly 

as the specimen you submit. If no actual sale made, 

omit the clause "and did then and there sell to ."I 
. 36-4 

h 

II TRR RAwe AlfD BY TB& AUTRORITX OF THE STATE OF T8XMt 

BEFORE me, the underri~ed authority, on thlr da7 psrsonall~ 

app6ared # vho, after being by me duly 

svorn, on hlr oath deposer and raya that he ha8 good reason to believe 

and does bUi.ts that in the county of 

and 8tate of Texm, on or about the day of 

, A. D. 19&-, and before the aalclq and filing of 

this aomplalnt, did then and there unlavf’ully bare in hlr pos~ee~lon 

vlth intent to sell, and did then and there offer and oxpose for 8ale, 

and did then and there ~11 to 0111 

artlole of food that oonsisted of the meat and product of an anlmal unfit for food, to-wit the meat of a hog that had died othervise than by 

alaughter, 

Agalnmt the peace and dignity of the State. 

SWORR TO MD SJDSCRIBED berore me by 

a aludlblo pemon, anthls the Ilay of 

194-. 

. 

, A. D. 

bunty Attorney ol 

County, Texar. 

(Thlr form nary be entloraed an ;~n~a~t~lr;~A exxztlt 

au the q2twimen xou 8uWt. 

omit the olauoe and did then and there .a11 to l . 1 

.