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Res 1987-034
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Res 1987-034
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7/16/2008 9:05:36 AM
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7/16/2008 9:05:36 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1987-34
Date
3/23/1987
Volume Book
87
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<br />-3- <br /> <br />Section 30.508. <br /> <br />Seal <br /> <br />The governing body of the city shall provide each municipal court of <br />record with a seal to be used to authenticate the official acts of the <br />clerk and the municipal judge. The impress of the seal must be <br />attached to all papers issued by the court except subpoenas. The seal <br />must include a five-pointed star and must be engraved with the words <br />"Municipal Court in San Marcos, Texas." <br /> <br />Section 30.509. <br /> <br />Complaint; Prosecution; Pleading <br /> <br />(a) A proceeding in a municipal <br />complaint. <br /> <br />court of <br /> <br />record <br /> <br />commences <br /> <br />with <br /> <br />a <br /> <br />(b) A complaint before the court may be sworn to before an officer <br />authorized to administer oaths or before the municipal judge, clerk, <br />city secretary, or city attorney, or the assistant or deputy of the <br />judge, clerk, city secretary, or city attorney, each of whom may <br />administer oaths for that purpose. <br /> <br />(c) A complaint must be in writing and must state: <br /> <br />(1) the name of the accused, if known; <br /> <br />(2) an accurate <br />unknown; <br /> <br />description <br /> <br />of <br /> <br />the <br /> <br />accused, <br /> <br />if the name <br /> <br />is <br /> <br />(3) the offense with which <br />intelligible words; <br /> <br />the accused is charged <br /> <br />in <br /> <br />plain and <br /> <br />(4) the place where the offense was committed, which must appear <br />to be within the jurisdiction of the court; and <br /> <br />(5) the date on which the offense was committed, which must show <br />that the offense is not barred by limitations. <br /> <br />(d) A prosecution in a court shall be conducted by the city <br />or an assistant or deputy city attorney. <br /> <br />attorney <br /> <br />Section 30.510. <br /> <br />Jury <br /> <br />(a) A person who is brought before a municipal court of record and <br />who is charged with an offense is entitled to be tried by a jury of six <br />persons unless that right is waived according to law. The jury shall <br />decide all questions of fact and the credibility of witnesses. The <br />court shall determine all matters of law and shall charge the jury <br />on the law. <br /> <br />(b) The governing body of <br />summoning and impaneling jury <br />compensation of the jurors. <br /> <br />the city shall establish procedures for <br />panels for the courts and for the <br /> <br />(c) The <br />verdict. <br /> <br />court <br /> <br />shall <br /> <br />determine <br /> <br />the <br /> <br />penalty when there is a guilty <br /> <br />Section 30.511. <br /> <br />Judicial Notice <br /> <br />The municipal court judges shall take judicial notice of city <br />ordinances, state laws, the corporate limits of the City and any other <br />matters which are appropriate for judicial notice under the laws of <br />the State of Texas and the rules of the Supreme Court of Texas. <br /> <br />Section 30.512. <br /> <br />Appeal <br /> <br />(a) A defendant has the right of appeal from a judgment or conviction <br />in a municipal court of record as provided by this subchapter. The <br />appellate courts have jurisdiction over the appeal. Any appeal from a <br />municipal court of record conviction shall be prosecuted by the City <br />Attorney or an assistant or deputy City Attorney. <br /> <br />(b) The appellate court shall determine each appeal from a municipal <br />court of record conviction on the basis of the errors that are set <br />
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