State v. Hanson
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Peter W. Gray. This was an indictment for publishing an indecent and obscene newspaper, designed to corrupt the morals of youth. The defendant filed an exception to the indictment, that it did not appear from, the face of the same, that any offence against the law had been committed by the defendant, and for other grounds.
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Appeal from Galveston. Tried below before the Hon. Peter W. Gray. This was an indictment for publishing an indecent and obscene newspaper, designed to corrupt the morals of youth. The defendant filed an exception to the indictment, that it did not appear from, the face of the same, that any offence against the law had been committed by the defendant, and for other grounds. So much of the indictment as is material to a proper understanding of the case, is set forth in the opinion. The exception was sustained. The opinion in this case, applies also to the case of The State v. Hanson and…
1Opinion of the CourtRoberts, J.
The indictment charges, that the defendant did “ publish an indecent and obscene newspaper, called 6 John Donkey,’ manifestly designed to corrupt the morals of the youth of said county.” Upon exceptions, it was held insufficient.
It is enacted, that “ if any person shall make, publish, or print, any indecent and obscene print, picture, or written composition, manifestly designed to corrupt the morals of youth, he shall be fined,” &c. (Penal Code, Art. 399.) “ The offence must be set forth in plain and intelligible words,” (Code Crim. Proc. Art. 395.) “ The certainty required in an indictment,…
2Cited by8 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- United States v. BennettU.S. Circuit Court for the District of Southern New York · 1879
- Reyes v. StateSupreme Court of Florida · 1894
- Alexander v. StateTexas Supreme Court · 1861
- McFain v. StateTexas Supreme Court · 1874
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