Earl and Garrett v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Shelby. Tried below before Hon. R. L. Parker, County Judge. This appeal is from a conviction for theft of a hog of the value of $3, the punishment being assessed at a fine of $50 and one day’s imprisonment in the county jail, against each of said defendants.
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Appeal from the County Court of Shelby. Tried below before Hon. R. L. Parker, County Judge. This appeal is from a conviction for theft of a hog of the value of $3, the punishment being assessed at a fine of $50 and one day’s imprisonment in the county jail, against each of said defendants. The value of the alleged stolen hog, as set out in the indictment, was as follows: “One hog of the value of $3.” Defendant moved to quash the indictment, because it did not allege the value of the animal charged to have been stolen, which motion was overruled. No further statement is necessary.
1Opinion of the Court
DAVIDSON, Judge.
The conviction was for hog theft. The indictment charged the value of the hog to be “ $3.” A motion to quash was made, because the value was not written in “plain and intelligible words,” as required by the statute. Code Crim. Proc., art. 420, sub-div. 7. Is the figure (3) three prefixed by the dollar mark “plain and intelligible words” within the purview of the statute*? We think sufficiently so. “An indictment for any offense against the penal laws of this State shall be deemed sufficient, which charges the commission of the offense in ordinary and concise language in such…
2Cases cited2 opinions
- Commonwealth v. HagarmanMassachusetts Supreme Judicial Court · 1865
- Commonwealth v. KingmanMassachusetts Supreme Judicial Court · 1859
3Cited by10 opinions
- Swabado v. StateCourt of Criminal Appeals of Texas · 1980
- Hardin v. StateCourt of Criminal Appeals of Texas · 1919
- King v. StateCourt of Criminal Appeals of Texas · 1912
- Andrade v. State, Texas Court of Appeals, 13th District1984
- Moses v. StateCourt of Appeals of Texas · 1982
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