Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal law.
Article 1.26 is a provision called "Construction of this code." Provisions like this one are inserted into codes in order to state a legislative intent towards how the courts should make decisions on cases that involve various code provisions. It reads, "The provisions of this Code shall be liberally construed, so as to attain the objects intended by the Legislature: The prevention, suppression, and punishment of crime." Liberally in this context does not mean progressive left leaning politics. It means the opposite of strict. When in doubt construe a code provision to ensure the prevention, suppression and punishment of crime.
Article 1.27 is the final provision found in Chapter 1 of the Texas Code of Criminal procedure and establishes that the Common law shall govern in instances where the code of criminal procedure fails to provide a rule of procedure. The common law refers to the body of decision of courts in English legal system countries. Blackstone's commentaries on the laws of England is one of the most respected sources of common law.
Art. 1.26. CONSTRUCTION OF THIS CODE. The provisions of this Code shall be liberally construed, so as to attain the objects intended by the Legislature: The prevention, suppression and punishment of crime. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 1.27. COMMON LAW GOVERNS. If this Code fails to provide a rule of procedure in any particular state of case which may arise, the rules of the common law shall be applied and govern. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.
For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.
For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if it’s something important.
Comments