Opinion

Ex Parte Kinsley

  • 152 Tex. Crim. 425
  • 214 S.W.2d 628
  • 1948 Tex. Crim. App. LEXIS 1340
Court
Court of Criminal Appeals of Texas
Filed
Oct 20, 1948
Status
Published
Author
Graves
On the bench
Krueger, Graves
Cited by
2 cases
Authority
More cited than 1.4%

holding that an oral motion by the State setting out the reasons for dismissal is sufficient to comply with the statute

How later courts described this case

  • holding that an oral motion by the State setting out the reasons for dismissal is sufficient to comply with the statute
  • defendant complained about the lack of a written statement

Written by the judges who cited it.

The opinion

ON MOTION FOR REHEARING.

GRAVES, Judge.

Relator alleges that we were in error in failing to sustain his proposition that Article 577, C. C. P., requires that the dismissal of any case or the waiver of the graver portion of the charge can only be had by a written statement from the State’s Attorney setting out his reasons therefor which shall also have the consent of the judge. This statute relative to the attorney setting out his reasons for such dismissal in writing has been held to be merely directory and not mandatory. See Wallace v. State, 145 Tex. Cr. R. 625 , 170 S. W. (2d) 762 . A substantial compliance with this statute is sufficient. See Ex Parte Rusk, 128 Tex. Cr. R. 135 , 79 S. W. (2d) 865 .

We think this cause was properly disposed of in the original opinion and the motion is therefore overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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