Legal Opinion

Mathews v. State

Court of Criminal Appeals of Texas

Decided November 2, 1898No. 1897PublishedCited by 24 opinions

By inadvertence of the pleader, the indictment described the property alleged to have been stolen as “on cattle,” instead of “one cattle.” Defendant made a motion in arrest of judgment, “because the indictment fails to charge any offense against the laws of the State of Texas, and fails to allege the theft of any specific property from any person.” This motion was overruled.

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By inadvertence of the pleader, the indictment described the property alleged to have been stolen as “on cattle,” instead of “one cattle.” Defendant made a motion in arrest of judgment, “because the indictment fails to charge any offense against the laws of the State of Texas, and fails to allege the theft of any specific property from any person.” This motion was overruled. In view of the disposition finally made of the appeal on rehearing, a further statement is unnecessary.

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of the theft of cattle, and his punishment assessed at confinement in the penitentiary for a term of three years; hence this appeal.

Appellant made no motion to quash the indictment. In the motion for a new trial, however, as one of the grounds of his motion he sa}rs that the indictment fails to charge any offense- against the laws of the State of Texas, and fails to allege theft of any specific property from any person. Appellant assigns as error the action of the court in failing to arrest the judgment, and the specific ground pointed out is that in…

2Cases cited4 opinions

  1. Kugadt v. StateCourt of Criminal Appeals of Texas · 1898
  2. Williams v. StateCourt of Criminal Appeals of Texas · 1896
  3. Evans v. StateCourt of Criminal Appeals of Texas · 1895
  4. Scroggins v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by24 opinions

  1. Moore v. StateCourt of Criminal Appeals of Texas · 1976
  2. Moore v. StateCourt of Criminal Appeals of Texas · 1971
  3. Wood v. StateCourt of Criminal Appeals of Texas · 1982
  4. Aven v. StateCourt of Criminal Appeals of Texas · 1923
  5. Rhodes v. StateCourt of Criminal Appeals of Texas · 1978

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