Legal Opinion

Murray v. State

Court of Appeals of Texas

Decided June 5, 1886No. 5015Published

Appeal from the County Court of McLennan. Tried below before the Hon. W. W. Evans, County Judge. The conviction in this case was had upon an information which charged the appellants with wilfully and mischievously injuring a locomotive engine, the property of the Missouri Pacific railway company, in McLennan county, Texas, on the eighth day of March, 1886. A fine of one dollar each was the penalty assessed against the appellants.

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Appeal from the County Court of McLennan. Tried below before the Hon. W. W. Evans, County Judge. The conviction in this case was had upon an information which charged the appellants with wilfully and mischievously injuring a locomotive engine, the property of the Missouri Pacific railway company, in McLennan county, Texas, on the eighth day of March, 1886. A fine of one dollar each was the penalty assessed against the appellants. The sufficiency of the information to charge an offense against the laws of this State was the only issue upon which the case was appealed, and the transcript brings…

1Opinion

Opinion of the Court on Motion for Rehearing.

White, Presiding Judge.

Appellants in this case were, on information, prosecuted, convicted, and fined one dollar, for *630an offense popularly known and designated as “killing a railroad engine, or locomotive.” At a former day of this term, their appeal coming on to be heard, we held that the information preferred against them charged no offense known to the laws of this State, and that, consequently, the judgment should not only be reversed, but that further prosecution under said information should be dismissed, because the same charged no offense…

2Cases cited5 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. United States v. MorrisSupreme Court of the United States · 1840
  3. Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
  4. American Life Insurance and Trust Company v. Van EpsNew York Court of Appeals · 1874
  5. Ritter v. StateTexas Supreme Court · 1871

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