Franks v. State of Texas

In part, Art. 21.09, V.A.C.C.P., expressly provides that “If the property be real estate, its general locality in the county, and the name of the owner, occupant or claimant thereof, shall be a sufficient description of the same.” I believe that to any intelligent person this statute is clearly written and its wording or meaning should not be subject to debate. Indeed, over 70 years *504ago, in Haworth v. State, 74 Tex.Cr.R. 488, 168 S.W. 859 (Tex.Cr.App.1914), this Court held that a motion to quash the indictment in that cause should have been sustained because the indictment, which attempted to…