Legal Opinion

Dunn v. State

Court of Criminal Appeals of Texas

Decided May 1, 1901No. 2032PublishedCited by 5 opinions

Appeal from the District Court of Coryell. Tried below before Hon. W. J. Oxford. Appeal from a conviction of white-capping; penalty, two years imprisonment in the penitentiary. The opinion sets out the indictment.

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Appeal from the District Court of Coryell. Tried below before Hon. W. J. Oxford. Appeal from a conviction of white-capping; penalty, two years imprisonment in the penitentiary. The opinion sets out the indictment. Defendant made a motion to quash the indictment, as follows, viz: “1. Because the indictment charges no offense against the penal laws of this State. 2. Because the letter, as set out in the indictment, does not show upon its face any threat and is not coupled with any declaration, by the sender, to do any act whatsoever. 3. Because the signs therein made are not by innuendo given…

1Opinion of the Court

BROOKS, Judge.

Appellant was indicted under what is ordinarily termed “the white-capping statute,” was tried and convicted, his punishment being assessed at two years confinement in the penitentiary.

The indictment is as follows: “In the name and by the authority of the State of Texas, the grand jurors for the county of Coryell, State aforesaid, duly organized as such,' at the January term, A. D. 1901, of the District Court for said county, upon their oaths in said court present that E. M. Dunn, on or about the 9th day of April, A. D. 1900, and anterior to the presentment of this indictment, in…

2Cases cited3 opinions

  1. Keaton v. StateCourt of Criminal Appeals of Texas · 1900
  2. Denton v. StateCourt of Criminal Appeals of Texas · 1901
  3. Hilton v. StateCourt of Criminal Appeals of Texas · 1899

3Cited by5 opinions

  1. Stanford v. StateCourt of Criminal Appeals of Texas · 1925
  2. Drozda v. StateCourt of Criminal Appeals of Texas · 1920
  3. Mueller v. StateCourt of Criminal Appeals of Texas · 1919
  4. People ex rel. Lesniak v. MikulskiNew York City Magistrates' Court · 1914
  5. Shugart v. StateCourt of Criminal Appeals of Texas · 1943

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