Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-11-10


shall issue warrant for the arrcs
of the accused Said warrant is tC
be in compliance with Article PIG
Part III, Title II, Chapter ii, Of th,
Code of Criminal Procedure, and
the warrant shall be executed IN the
manner specified in said chapter
| Provided, that nothing herein shall
bo so construed rs TO prevent the
defendant giving bail q entering in.
to recognizance in open court,
SEC. 80. II shall be the duty OF
the County Attorney, upon the fiji.
ing of said complaint, to prepare an
information in writing, which shall
be in compliance with Article i03,
Part III, Title ", Chapter III, OF
the Code Of Criminal Procedure.
Sec. 81. The complaint specified
in section thirty of this act may be
made before any Justice Of the
Peace or Notary Public, or before
n (the) County Attorney, who for
that purpose is authorized to ad-
minister oaths. But the complaint
shall in every instance be filed with
the information.
Sec. 32. All writs and criminal
process issued out of the County
Courts shall be made returnable on
or before the first day of the sue
ceeding term, and the Criminal
Docket shall be taken up ON the sec
ond day thereof; Prorided, howeuer,
if the District Court shall conflict
with any term of the County Court
then the County Court shall hold its
session on the first Monday after
the close of the said term Of the
District Court.
SEC. 33. The vcnire of twelve men,
which has been drawn under the
provisions of section fifteen of this
Act, shall be impanneled, and sworn
as q jury for the trial of criminal
cases; and if the jury by reason Of
challenges or otherwise be reduced
below that number, the Court shall
order the Sheriff to supply their
places by summoning, Immediately,
the requisite number of suitable per-
sons but the regular venire shall
be called in every case; Provided,
that neither the State nor defend
ant shall have more than three per-
cmptory challenges; and if more
than one defendant is joined in'the
same trial, each shall have two per-
emptory challenges.
SEC, "a. In all cases where the
fine isover ten dollars, or the i'm
prisonment assessed by the jury, eX-
ceeds forty eight hours, the defend.
ant shall have the right of appeal
to the District Court, which shall
be governed blythe provisions of Ii
tie VII, Part III, of the Code Of
Criminal Procedure, where the same
are not in conflict with the provis
ions of this Act.
Sec. 35. The State shall have the
right to appeal to the District Court
in the cases specified in Title VII,
Part III of tAe Code Of Criminal
Procedure and in all cases of ap-
peal by either the State or the de-
fendant, the original pQpers in the
cause together with a transcript Of
the record of all the judgments, or
ders OF DEGREES which may have
been rendered by the County Court
shall be forwarded to the District
Court as in civil suits. There shall
also be forwarded statement of
facts, and a bill Of exceptions to be
made one, signed and sealed, in the
manner now provided by law for
appeals from the District Court to
the Supreme Court and the Dis
trict Judge shall consider the case
SO appealed to his Court, upon the
record thus sent up, when the same
shall be regularly reached on his
docket; and he shall enter up such
Judgment or decree as ought to have
rendered in the Court below, which
Judgment shall be executed by pro
cess issuing out of the District
Court. The costs of both Courts to
be taxed in the execution to be is
sued by the Clerk of the District
Court.
SEC. 36. Upon the trial of crimi-
nal cases in the County Court where
it appears from the evidence that
the prosecution was frivolous, mo-
licious, or without just cause, it shall
be the duty of the County Judge to
render Judgment against the party
making the complaint for all cost,
and jury fee of five dollars shall
be taxed against the defendant if
convicted, or against the prosecutor,
if he is condemned for cost.
SEC. 81. The provisions of the
Penal Code, and the Code of Crimi-
nal Procedure of the State of Tex
as. and all amendments of the same
that may hereafter be made shall be
held to apply to the proceedings. in
the County Court, where the same
shall not be in conflict with the pro-
visions of this Act.
SEC. 38. There shall be appointed
by the Police Court of the county
an Attorney for each organized
county in the State, who shall hold
his office for four years, and who
shall give the bonds now required
by law to be given by the District
Attorney, to be approved by the
County Judge of the county, and
deposited in the Office of the Comp
troller of Public Accounts; and the
County Attorney shall, before en-
tering upon the discharge ofhis du-
ties, be required to take the oath of
Office. And it shall be the duty of
che County Attorney to represent
the county in all cases wherein it
may be a party; and to represent
the State in all cases wherein she
may be party in the County Court;
and he shall, also, in the absence OF
the District Attorney, represent the