Friday, November 15, 2013

Hanks v. State case brief

Hanks v. State case brief summary
13 Tex. App. 289 (1882)


CASE SYNOPSIS
Defendant sought review of a decision of the District Court of Travis County (Texas) that convicted him of forgery of a transfer of a land certificate for a league and labor of land in the State of Texas in violation of Article 454 of the Penal Code, alleging the district court was without jurisdiction to convict him.

CASE FACTS
Defendant was convicted of forgery of a transfer of a land certificate for a league and labor of land in the state of Texas in violation of Article 454 of the Penal Code. The acts constituting the forgery were all committed in the state of Louisiana. Defendant sought review, alleging the district court was without jurisdiction to convict him because the forgery constituted an offense only against the state of Louisiana.

DISCUSSION
  • On review, the court affirmed conviction. 
  • The court noted that defendant's actions fell squarely within the purview of Article 454, in that the land involved was situated in the State of Texas. 
  • Furthermore, the legislature had authority to adopt such an act. 
  • Accordingly, defendant was properly convicted.

CONCLUSION

The decision of the district court that convicted appellant of forgery of a transfer of a land certificate for a league and labor of land in the State of Texas was affirmed.

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