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21 Tex. Ct. App. 331

Vogt v. State

Court of Appeals of Texas

Decided May 15, 1886

Court of Appeals of Texas · decided 1886-05-15

Tried below before the Hon. H. P. Jones, County Judge. A fine of ten dollars in each case was assessed against the appellant, upon his conviction for performing labor on Sunday. The opinion states the cases.

Decided 1886-05-15

White, Presiding Judge.

¶1Both these cases were prosecutions instituted on complaint and information in a justice’s court, charging appellant with laboring on Sunday, in violation of Article 183, Penal Code. Judgment was rendered in the justice’s court finding defendant guilty, and imposing a fine upon him. Appeal was taken to the county court. Motion was there made by the county attorney to dismiss the appeal for want of a properly certified transcript from the justice’s court. Appellant made a counter motion for a writ of certiorari to the justice, to send up a more perfect and complete transcript. The motion for certiorari was overruled, and the motion to dismiss was sustained, and the appeal dismissed. These judgments were erroneous. The writ of certiorari should have been granted. The questions being identical in both these cases, both judgments are reversed and both causes remanded for new trials. .

¶2Reversed and remanded.

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