Perryman v. State
Texas Supreme Court
Appeal from Coryell. Tried below before the Hon. J. P. Osterhout. There is no occasion for a statement of the facts.
1Opinion of the CourtWalker, J.
The appellant was indicted with one Augustus Fore, for the murder of Wm. H. McMillan ; was tried, and convicted of murder in the second degree, and sentenced to five years’ imprisonment in the penitentiary.
The errors assigned may be discussed under three heads.
It is urged by appellant’s counsel that the indictment is insufficient, it not describing the man slain as a reasonable creature in being.
Whatever may have been thought by the early writers on criminal law and pleading this averment is no longer deemed! necessary in an indictment for murder. It is not found in the standard precedents,…
2Cited by10 opinions
- Boles v. StateCourt of Criminal Appeals of Texas · 1980
- Hughes v. StateMississippi Supreme Court · 1949
- Zunago v. StateCourt of Criminal Appeals of Texas · 1911
- Jackson v. State, Texas Court of Appeals, 4th District (San Antonio)1988
- People v. . GilbertNew York Court of Appeals · 1910
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