Legal Opinion

State v. Davidson

Texas Supreme Court

Decided July 1, 1872PublishedCited by 2 opinions

Appeal from Goliad. Tried below before the Hon. Daniel " D. Claiborne. There is no occasion for a statement of the facts.

1Opinion of the CourtOgden, J.

There is no error in the judgment of the Distriet Court in quashing the indictment. The defendants are charged with the commission of an offense some ten months after the indictment was found. This may have been a clerical error in drawing the indictment, but the error, if such, occurred in the material portion of the charge, and is therefore fatal to the indictment, which could not have been amended in that particular.

The judgment of the District Court is affirmed.

Affirmed.

2Cited by2 opinions

  1. United States v. BornemannU.S. Circuit Court for the District of Northern California · 1888
  2. State v. IngallsSupreme Court of New Hampshire · 1879