State v. Adams
Texas Supreme Court
Appeal from Harrison. Heard below before the Hon. Wm. S. Todd. This was an indictment for betting at Rondo, and the case went off on the question of the substitution of the indictment, which had been stolen.
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Appeal from Harrison. Heard below before the Hon. Wm. S. Todd. This was an indictment for betting at Rondo, and the case went off on the question of the substitution of the indictment, which had been stolen. Bill of exceptions as follows : Be it remembered that on the 7th day of July, 1855, the District Attorney came into Court and suggested to the Court that the indictment in this case had been lost, whereupon it was ordered that “ leave be granted to substituteand on same day the case being called for trial, the District Attorney filed his motion and affidavit, which are in the words and…
1Opinion of the CourtWheeler, J.
The language of the Statute is very comprehensive, embracing all cases where the “ records and papers, or any part thereof, appertaining to the proceedings in any Court of this State may have been, or may hereafter be, lost or destroyed,” &c, (Hart. Dig. Art. 2756.) The language is *237certainly broad enough to include the case of a lost indictment. The statute makes no exception; and we see nothing in it, or in general principles, to warrant the Court in making an exception, which the Legislature has not seen proper to make. It may be very difficult to make the proof necessary to supply the loss…
2Cited by4 opinions
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