State v. Killough
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. Samuel L. Earle. The indictment charged that the defendant “ on the eighteenth day of March, one thousand eight hundred and sixty-eight, in the said county of Cherokee, an assault did make in and upon the person of one W. H. Yoakum, with unlawful violence, with intent then and there, wilfully, feloniously, and of his malice aforethought, to kill and murder him, the said W. H. Yoakum, and with unlawful violence did then and…
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Appeal from Cherokee. Tried below before the Hon. Samuel L. Earle. The indictment charged that the defendant “ on the eighteenth day of March, one thousand eight hundred and sixty-eight, in the said county of Cherokee, an assault did make in and upon the person of one W. H. Yoakum, with unlawful violence, with intent then and there, wilfully, feloniously, and of his malice aforethought, to kill and murder him, the said W. H. Yoakum, and with unlawful violence did then and there beat, bruise, Avound and otherwise strike the said W. H. Yoakum with a stick, commonly knoAAm as a piece of fence…
1Opinion of the CourtLindsay, J.
The judgment upon the verdict of “ guilty,” in a prosecution on indictment for an assault, with intent to kill and murder, was arrested by the District Court in this case; upon which ruling, the Attorney for the State gave notice of appeal.
The reason assigned for the arrest of the judgment is the alleged vagueness, indefiniteness and uncertainty of the indictment. The inquiry, then, is confined to simply testing the indictment by the principles of our criminal law, as laid down in the Code. There are nine requisites established by the Code, by which the sufficiency of an indictment is to be…
2Cited by4 opinions
- James v. StateTexas Supreme Court · 1872
- State v. JenningsTexas Supreme Court · 1872
- Williams v. StateCourt of Criminal Appeals of Texas · 1909
- Porter v. StateCourt of Appeals of Texas · 1876