Finney v. State
Court of Appeals of Texas
■ Appeal from the County Court of Kaufman. Tried below before Hon. John Vesey, County Judge. This conviction was for wilfully disturbing religious worship, and the penalty assessed by the verdict was a fine of $25. The rulings on this appeal do not require a statement of the case.
1Opinion of the Court
WILLSON, Judge.
allegation in the indictment that the defendant “acted together” with another in the commission of the offense is not a descriptive allegation, is surplusage, and it was not essential that it should be proved by the evidence. There was no error in admitting testimony proving that defendant acted alone in the commission of the offense, nor in refusing the special charge requested by the defendant as to variance between allegation and proof. Watson v. The State, 28 Texas Ct. Ápp., 34.
By the charge of the court the jury was instructed that the term “ wilful” signified “ without…
2Cited by11 opinions
- State v. SpencerSupreme Court of Louisiana · 1893
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
- Ferguson v. StateCourt of Criminal Appeals of Texas · 1916
- Durbin v. StateCourt of Criminal Appeals of Texas · 1931
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
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