Phillips v. State
Texas Supreme Court
Appeal from Wharton. The case was tried before Hon. Benjamin Shropshire, one of the district judges. The appellant was indicted in these words: “ That William J. Phillips and Jim Phillips, on the 25th day of March, A. D. 1856, with force and arms, in the county aforesaid, did then and there wrongfully destroy and remove the fence from around a certain graveyard near the town of Wharton, in said county and State, which said fence was placed around said graveyard for its…
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Appeal from Wharton. The case was tried before Hon. Benjamin Shropshire, one of the district judges. The appellant was indicted in these words: “ That William J. Phillips and Jim Phillips, on the 25th day of March, A. D. 1856, with force and arms, in the county aforesaid, did then and there wrongfully destroy and remove the fence from around a certain graveyard near the town of Wharton, in said county and State, which said fence was placed around said graveyard for its protection and inclosure.” The defendants moved to quash the indictment, because it was insufficient and charged no offense…
1Opinion of the CourtWillie, J.
The indictment in this case charges that the appellant did “ wrongfully destroy and remove the fence from around a certain graveyard near the town of Wharton, in Wharton county, which said fence was placed around said graveyard for its protection and inclosure.” A general demurrer to the indictment was overruled by the court below, and the appellant was convicted of the offense, and fined $150. A motion for a new trial was made, based upon several grounds, all of which it will not he necessary to notice. Those worthy of consideration are: That the court erred in charging the jury, and in…
2Cases cited2 opinions
- Hinkle v. CommonwealthCourt of Appeals of Kentucky · 1836
- Cochran v. StateTexas Supreme Court · 1863
3Cited by26 opinions
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
- Lancaster v. StateTexas Supreme Court · 1875
- United States v. KellyCourt of Appeals for the Ninth Circuit · 2012
- Hickman v. StateCourt of Criminal Appeals of Texas · 1911
- Pike v. StateCourt of Criminal Appeals of Texas · 1899
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