Smedly v. State
Texas Supreme Court
Error from Hunt. The case was tried before Hon. W. GL T. Weaver, one of the district judges. The indictment charged the appellants with an assault and battery on Crely, and putting him in fear, and while in such fear they “then and there, with force and arms, fraudulently, unlawfully, did take and carry away from and out of the possession of him the said Sin Crely one shot-gun of the value of twenty five dollars, the said shot-gun being the corporeal personal property of…
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Error from Hunt. The case was tried before Hon. W. GL T. Weaver, one of the district judges. The indictment charged the appellants with an assault and battery on Crely, and putting him in fear, and while in such fear they “then and there, with force and arms, fraudulently, unlawfully, did take and carry away from and out of the possession of him the said Sin Crely one shot-gun of the value of twenty five dollars, the said shot-gun being the corporeal personal property of one-, and within the legal custody and control of him the said Sin Crely, and with the intent then and there to appropriate…
1Opinion of the CourtWillie, J.
The indictment in this case charges that the property taken by the defendant was “the coporeal personal property of one-, and within the legal custody and control” of the party upon whom the assault was committed. It is defective in not giving the name of the party to whom the article taken belonged. An indictment for robbery must state correctly the ownership of the property, (3 Arch. Crim. Plead., 417, note 3,) and all the approved common-law forms of indictments set forth the ownership of the property taken, as well as the name of the person from whom it was taken. (3 Arch. Crim. Plead.,…
2Cited by14 opinions
- Page v. StateCourt of Criminal Appeals of Texas · 1976
- State v. DengelWashington Supreme Court · 1901
- Bailey v. StateCourt of Criminal Appeals of Texas · 1940
- Bray v. StateTexas Supreme Court · 1874
- McGinnis v. StateWyoming Supreme Court · 1907
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