DocketNumber: C-392
Judges: Waggoner Carr
Filed Date: 7/2/1965
Status: Precedential
Modified Date: 2/18/2017
February 24, 1965 Hon. Ellis A. Oualllne, Jr. Opinion No. C-392 District Attorney Montgomery County Re: Whether criminal cases are Conroe, Texas properly transferrable between the Ninth and Second Ninth Dis- Dear Mr. Oualline: trlct Courts. By yowr .letterof January 22, 1965, you reque;;;$ an opinion of this office regarding the above matter. cle 64, Vernon's Code of Criminal Procedure, provides: "When two or more courts have concurrent jurisdiction of any criminal offense, the court in which an Indictment or a complaint shall first' be filed shall retain jurisdiction of such of- fense to the exclusion of all other courts." This statute is intended to prevent any confusion or contention which might arise between courts having concur- rent jurisdictions of the person and subject matter of the prosecution. Article 64 is a general statute. Cowley v. State, 1.63 S.W.2d 193 (Tex.Crlm. 1942) A special act will prevail over a general law and will be treated as an exce - tion to the general law. Perez v. Perez, A reading of Article 199, Vernon's Ci 11 S%tz% %~w~~~%! the Ninth and Second Ninth Judicial DTstrict Courts are set up on a basis of concurrent jurisdiction. It Is therefore our opinion that In the absence of special legislation ex- pressly providing for such transfer, criminal cases may not be transferred between the two courts. Johnson v. State,148 S.W. 300
(Tex.&lm. 1912); In re Drane 191 S W 1156 1917); Wrenn 'v. State,200 S.W. 844
(1918); Bra& ;. State, S.W.2d 365 (1928); a lnger v: State,121 S.W.2d 364
(19381. As noted above, such transfer may be authorized by statute; Moore v. State,35 S.W. 668
(Tex.Crim. 1896); Cummings v. State; 35 S W 979 (Tex.Crlm. 1896); Llttleton . 202 iTix.Crim. 1922); Ehrlich v. State, V. State, 239 S .kd -1850- Hon. Ellis A. Oualline, Jr., Page 2 (C-392)281 S.W. 548
(Tex.Crlm. 1926). Rowever, there is no provision in Article 199, above, allowing transfer between the two courts. SUMMARY Criminal cases may not be transferred between the Ninth and the Second Ninth Ju- dicial District Courts. Yours very truly, WAGGONER CARR Attorney ffeneralof Texas k-ihhq- Assistant'Attorney General CBS/lb APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Sam Kelley Roy Johnson V. F. Taylor Bob Flowers APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone -1851-