Beardall v. State
Court of Appeals of Texas
Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. Reference may be had to 4 Texas Ct. App. 631, for the facts of this peculiar case. In the opinion now reported will be found such other matters as are germane to the rulings.
1Opinion of the CourtWhite, P. J.
On a former appeal to this court the case here before us was reversed because there was “no indictment in the record.” The clerk certified that the indictment was not set out in the transcript because it had been lost. In substance and extent the decision then made-is well stated in the first paragraph of the head-notes to the case, viz.: “ That, to sustain a felony conviction on appeal, it is indispensable that the transcript bring up the original indictment against' the appellant, or, if that has been lost, a substituted indictment supplied in the manner prescribed by law.” Beardall v. The…
2Cases cited1 opinion
- State v. VahlTexas Supreme Court · 1858