Untitled Texas Attorney General Opinion

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C 0 The State of Texas P Y OFFICE OF THE ATTORNEYGED?ZW.,OF TEXAS Austin

Gerald C. Mann Attorney General

Honorable George W. Cox State Health Off lcer Austin, Texas Dear Sir: Opinion No. O-3411 Re: Correct form ror complaint for riling charges against an Individual for sellfng the meat of an animal that had died from natural cause. This is to acknowledge your recent request for our opinion as to the sufficiency or a complaint form submitted along with your letter, and asking that we prepare a correct form in the event we found yoursina?propriate. The case of Cosine v. State, 87 Tex. Cr. R. 92, 220 9. W, 102, was one wherein the defendant was charged with the offense of selling, ol’ferlng for sale and possessing for the purpose of sale an article of food consistin& of meat and pro- duct of an animsl that had died othernrlse than by slaughter. Yihlle the Cozine case was decided in 1320, prior to the last codlrication of our Penal Code, the applicable StatUt8 has been brought forward without change. The Court of Criminal Appeals approved the Indictment in the case. Yhlle th8 opinion of that court does not set out the form, we have examined the Sam8 as shown in the transcript on file in the Clerk’s office. There were two counts in said indictment, the charging part of each being here copied: First count: “Did then end there unlawfully have in his possession with intent to sell, did then and there offer and expose for sale, and did theu Andythere offer to sell to John Doggett an ar- ticle of food consisting 0: meat and product of an animal unfit for food, to-wit a hog that had died otherwise than by slaughter.”

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Honorable George Vi. Cox, Page 2

Second count: "Did then and there unlawfully have in hls possession with Intent to cell, and dfd then and there offer Andyexpose for sale, and did then and there sell to Mrs. Della Anthony an article of food that consisted of the meat and product of an animal unfit ror food, to-wit, the meat and car- cass of a.hog that had died otherwise than by slaughter." In view of the above, we have prepared and attached hereto a form of complaint we are confident will meet any at- tack in the appellate courts. We think the attached form pre- ferable to the one you submit because of the approval given the indictment In the Cosine case, supra. Vie do not mean by this to imply absOlUt8ly that your form would not b8 sustained, al- though we observe the State would most likely have a greater burden of proof than If proceeding under the Dozine form. We also note that the kind of animal is not specified in the form you submit. Trusting the above is satisfaotory, we are Yours very truly ATTORNEXGEN?&L OF TEXAS

By /s/ Benjamin VJoodall .- Banjamln Voodall Assistant

ENCLOSURB AWROVEDMAY 5, 1941 /s/ Grover Sellers '., FIRST ASSISTANT .~ ATTCJRNEYGEKERAL APPROVEDOPINION COUKITTEE By BWBChairman

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. . ’ IN THE NAMEANDBYTHE AUTHORITYOFTHE STATE OF TEXAS: BEFOREme, the undersigned authority, on this day per- aonally appeared , who, arter being by me

duly 6worn, on his oath deposes and says that he has good reason

to bellsve end does believe that In the

county of and State oi T8xas, on or about the

day of - , A. D. 1942, and betore the making and

filing of this complaint, did then and there unlawfully have in his. possession with intent to sell, and did then and there offer and

expose for sale, and did then and there sell to I an article of rood that consisted of the Feat and product of an animal unfit ror food, to-wit the neat of a hog that had died otherwise than by slaughter, Against the peace aud dlgnlty of the State.

SWORNTO AND SUBSCRIBED before me by t a credible person, on this the -day or , A. D.,

\‘:. 194-. I.

County Attorney of County, Texas.

(This rorm.,may be endorsed on the back thereor, exabtly as the specimen you submit. If no actual sale made, omit the clause "and did then and there sell to ."I

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II TRR RAweAlfD BY TB&AUTRORITX OF THE STATEOF T8XMt BEFOREme, the underri~ed authority, on thlr da7 psrsonall~ app6ared # vho, after being by me duly svorn, on hlr oath deposer and raya that he ha8 good reason to believe and does bUi.ts that in the county of and 8tate of Texm, on or about the day of , A. D. 19&-, and before the aalclq and filing of this aomplalnt, did then and there unlavf’ully bare in hlr pos~ee~lon vlth intent to sell, and did then and there offer and oxpose for 8ale, and did then and there ~11 to 0111 artlole of food that oonsisted of the meat and product of an anlmal un- fit for food, to-wit the meat of a hog that had died othervise than by alaughter, Agalnmt the peace and dignity of the State.

SWORR TO MD SJDSCRIBED berore me by .

a aludlblo pemon, anthls the Ilayof , A. D.

194-.

bunty Attorney ol County, Texar.

(Thlr form nary be entloraed an ;~n~a~t~lr;~A exxztlt au the q2twimen xou 8uWt. omit the olauoe and did then and there .a11 to l . “1

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