Click v. State
Texas Supreme Court
— Appeal from Anderson County. The appellant was indicted upon a charge of kidnapping, at the fall term, 1817. The indictment charges that the defendant, “on the first day of June, in the year of our Lord eighteen hundred and forty-seven, with force and arms, in said county, one Samuel Hinton, in the peace of God and of the state, then' and there being, did forcibly seize, steal, take and cany away, and kidnap, contrary to the statutes in such cases made and provided, and…
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— Appeal from Anderson County. The appellant was indicted upon a charge of kidnapping, at the fall term, 1817. The indictment charges that the defendant, “on the first day of June, in the year of our Lord eighteen hundred and forty-seven, with force and arms, in said county, one Samuel Hinton, in the peace of God and of the state, then' and there being, did forcibly seize, steal, take and cany away, and kidnap, contrary to the statutes in such cases made and provided, and against the peace and dignity of the state.” At the spring term, 1848, the accused was arraigned and pleaded not guilty.…
1Opinion of the Court
Mr. Justice Wheeleií,
after stating the facts, delivered the opinion of the court,
Justice Lipscomb not sitting.
Lor the appellant, it is insisted that the court erred:
1st. In refusing to quash the indictment.
2d. In overruling the motion in arrest of judgment.
1. As the motion in arrest of judgment appears to embrace all the grounds which could be available to the defendant upon a revision of the motion to quash, it is unnecessary to consider the latter, except to observe that a motion to quash an indictment is always addressed to the discretion of the court. [1 Chit. Cr. L. 299, 301; Whart. Cr.…
2Cases cited1 opinion
- Schooner Hoppet & Cargo v. United StatesSupreme Court of the United States · 1813
3Cited by4 opinions
- Midgett v. StateCourt of Appeals of Maryland · 1981
- Smith v. StateWisconsin Supreme Court · 1885
- Castillo v. StateCourt of Appeals of Texas · 1890
- Ex parte PruittCourt of Criminal Appeals of Texas · 1981