State v. Johnston
Texas Supreme Court
Appeal from Fayette. The indictment charged that the defendant did make an assault upon the body of one Nathan Thomas, and with a loaded pistol held in his hand, the said Thomas, attempted, feloniously, willfully and maliciously, to kill and murder. A motion was made to quash, on the ground that the indictment was vague, uncertain, informal, and, in fact, charged no specific crime. And the motion being sustained, notice of appeal was given.
1Opinion of the Court
Hemphill, Ch. J.
The appellee has not appeared; and we have not the benefit of an argument, in support of the judgment.
The special ground of uncertainty is not stated; and the reasons, on which the court gave judgment, are left to conjecture. The offence, as charged, is of a grave character; the penalty "denounced is severe—and assuredly the circumstances and ingredients of the offence should be stated with such distinctness and precision, as leave no room for doubt, on either the mind of the defendant or the Court.
The indictment charges an assault, but without the usual words of battery.…
2Cited by3 opinions
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