fC0P

Y The State of Texas

OFFICEOFTHEATTORNEY GED?ZW.,

OFTEXAS Austin Gerald C. Mann Attorney General

Honorable George W. Cox State Health Offlcer Austin, Texas Dear Sir: Opinion No. O-3411 Re: Correct form ror complaint for 

### rilingcharges 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.”.

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. ,

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. Wethink the attached form preferable to the one you submit because of the approval given the indictment In the Cosine case, supra. Vie do not meanby 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?&LOFTEXAS

.-

ENCLOSURB

AWROVED

MAY5, 1941 /s/ Grover Sellers '., FIRSTASSISTANT
.~ ATTCJRNEY GEKERAL APPROVED

OPINIONCOUKITTEE By BWBChairman By/s/ Benjamin VJoodall Banjamln Voodall

Assistant**. ’** 



### .

. ’

IN THENAMEANDBYTHEAUTHORITYOF THESTATEOFTEXAS: 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, andbetore 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 TOANDSUBSCRIBEDbefore meby
a credible person, on this the -day 

### or 194-. t

, A. D.,

I. County Attorney of County, Texas.

(This rorm.,maybe 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 TRRRAwe

AlfDBYTB&AUTRORITX OFTHESTATE

OF T8XMt 

### BEFORE me, the underri~ed authority, on thlr da7psrsonall~ app6ared #vho, 

## afterbeing **by** 

### meduly svorn, onhlr 

### oath deposer and rayathat heha8good reason to believe anddoes bUi.ts that in the county of **and 8tate**  **of Texm,**  **on or**  **about**

### the day of

, A. D. 19&-, andbefore the aalclq and 

### filing of this aomplalnt, did then andthereunlavf ’ully barein hlr pos~ee~lon vlth intent to sell, anddid then andthere offer andoxpose for 8ale, and 

### did then andthere ~11 to 0111 artlole of food that oonsisted 

### of the meat andproduct of an anlmal unfit for food, to-wit the meat of **a**

### hog that haddied othervise thanby alaughter, Agalnmt 

### the peace anddignity of the State.

SWORR TOMD SJDSCRIBED **berore me** **by**


### a aludlblopemon, 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 q2twimenxou 8uWt. omit the olauoe anddid then andthere .a11 to l 1 

### .

.