Jackson v. State
Court of Criminal Appeals of Texas
Appeal from District Court of Hill. Tried below before Hon. J. M. Hall. This appeal is from a conviction for murder of the second degree, the punishment being assessed at imprisonment in the penitentiary for a term of twenty-four years.
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Appeal from District Court of Hill. Tried below before Hon. J. M. Hall. This appeal is from a conviction for murder of the second degree, the punishment being assessed at imprisonment in the penitentiary for a term of twenty-four years. Omitting formal allegations, the indictment charged, “that one H. Jackson, in the county of Hill, aforesaid, on or about the twenty-third day of July, in the year of our Lord one thousand eight hundred and ninety-three, with force and arms, did unlawfully, with malice aforethought, murder and kill Sam Crow, by shooting him, the said Sam Crow, contrary to the…
1Opinion of the Court
DAVIDSOH, Judge.
Omitting preceding portions, the indictment charges, that appellant "did unlawfully, with malice aforethought, murder and kill Sam Crow, by shooting the said Sam Crow.”
It was moved in arrest of judgment, that the indictment was fatally defective, because it failed to allege the means or weapon used by appellant in committing the homicide. We think the motion should have prevailed.
Such has always been the law, and under the common sense indictment act of 1881, this is required. Willson’s Crim. Proc., art. 428k, Form No. 2; Drye v. The State, 14 Texas Crim. App., 191; Cudd v.…
2Cited by8 opinions
- Gragg v. StateCourt of Criminal Appeals of Texas · 1945
- Northern v. StateCourt of Criminal Appeals of Texas · 1947
- Huddleston v. StateCourt of Criminal Appeals of Texas · 1913
- Huddleston v. StateCourt of Criminal Appeals of Texas · 1913
- French Ringo v. StateCourt of Criminal Appeals of Texas · 1908
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