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Houston Criminal Defense Attorneys - Texas Code of Criminal Procedure Art. 1.26-1.27

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.


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