Johnson v. State
Court of Criminal Appeals of Texas
Johnson v. State, 40 S.W. 976 (Tex. Crim. App. 1897)
38 Tex. Crim. 26; 1897 Tex. Crim. App. LEXIS 170
Davidson
Johnson v. State
Opinion of the Court
Appellant was convicted, under article 256 of the Penal Code, for willfully receiving higher fees as county attorney than authorized by law. The recognizance recites that the defendant stands charged with the offense of “extortion.” The Assistant Attorney-General moves to dismiss the appeal, because the recognizance recites no offense against the law. Extortion is not an offense eo nomine. Therefore, in stating the offense in the recognizance, the constituent elements of the offense must be set out. See Schoonmaker v. State, 37 Texas Crim. Rep., 424. This was not done, and the motion is sustained, and the appeal is dismissed.
Dismissed.
Reference
- Full Case Name
- J. B. Johnson v. the State
- Cited By
- 1 case
- Status
- Published