Bell v. State

(dissenting).—My brethren affirmed the judgment holding the facts sufficient. From this I dissent. It is the rule that in statutory offenses the indictment must set out by proper averment every ingredient of the offense sought to be charged. This is now and has always been the rule without interruption in Texas, from Bush v. Republic, 1 Texas Rep., 455, and Burch v. Republic, in the same volume, page 608, to and inclusive of Keith v. State, 58 Texas Crim. Rep., 418; Snead v. State, 55 Texas Crim. Rep., 583, and Sutphen v. State, 59 Texas Crim. Rep., 500, 129 S. W. Rep., 144. This is not only…