- The record shows that Judge Fletcher, acting in the capacity of a
magistrate, did not examine into any evidence of a crime as no evidence of a
crime was presented to the court. If any evidence had been presented to
Judge Fletcher, said evidence would be in the records of the County Clerk as
commanded by TxCCP
Article 17.30 (supra).
- There is nothing in the court record to indicate that Magistrate
Fletcher complied with the above requirement, as there is no envelope with the
judge’s name written across the seal in the court record. Neither is
there an affidavit in the form of a statement of facts. It, therefore,
must be construed that Magistrate Fletcher failed to comply with TxCCP 17.30(supra) and in so doing secreted the evidence, used by Magistrate Fletcher to make a
finding of probable, from the clerk of the court, cause in violation of TxPC Section 37.10:
Sec. 37.10. TAMPERING WITH GOVERNMENTAL
RECORD. (a) A person commits an offense if he:
(3) intentionally destroys, conceals,
removes, or otherwise impairs the verity, legibility, or availability of a
governmental record; (see Exhibit G)
(see Criminal Affidavit Section
R attached)