Dodd v. State
Court of Appeals of Texas
Appeal from the District Court of Menard. Tried below before the Hon. W. A. Blackburn. The indictment charged the theft of a cow, and the punishment assessed by a verdict of guilty was a term of two years in the penitentiary.
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Appeal from the District Court of Menard. Tried below before the Hon. W. A. Blackburn. The indictment charged the theft of a cow, and the punishment assessed by a verdict of guilty was a term of two years in the penitentiary. On the part of the State it was testified-that the appellant, in February, 1816, on the highway in Menard county, butchered a large red cow branded Z. The time of the act was shown partly by direct testimony, and partly by showing that it was done in the month succeeding that in which one Bolls was killed, which was shown to have been in January, 1816. Ownership, care…
1Opinion of the CourtWhite, P. J.
We know of no other mode by which objections to an indictment on account of erasures or interlineations can be urged under our Code of Procedure than by exceptions to the form of the indictment. Code Crim. Proc. art. 488. Such exceptions are permitted for the want of any requisite or form prescribed by art. 420. Under art. 420 we imagine that such exception might be based upon subdivisions two or three, which provide with regard to the sufficiency of the indictment that “it must appear therefrom that the same was presented in the District Court of the county where the grand jury is in…
2Cases cited2 opinions
- French v. StateIndiana Supreme Court · 1859
- State v. ToneyTexas Supreme Court · 1854