Legal Opinion

Victor v. State

Court of Appeals of Texas

Decided November 21, 1883No. 1599Published

Appeal from the District Court of La Salle. Tried below before the Hon. D. P. Marr. The indictment charged the embezzlement of a horse, the property of H. V. Murchison. The trial resulted in conviction, and the penalty awarded was a term of five years in the penitentiary. H. V. Murchison was the first witness for the State. He testified that he would not positively swear that the defendant was the man who got his horse, but he verily believed so.

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Appeal from the District Court of La Salle. Tried below before the Hon. D. P. Marr. The indictment charged the embezzlement of a horse, the property of H. V. Murchison. The trial resulted in conviction, and the penalty awarded was a term of five years in the penitentiary. H. V. Murchison was the first witness for the State. He testified that he would not positively swear that the defendant was the man who got his horse, but he verily believed so. At the time of the appropriation of the horse the witness was in the employ Mr. Mills, and was living four or five miles from Fort Ewell in La Salle…

1Opinion of the Court

Willson, Judge.

The indictment names and describes the accused as follows: “ One Victor, a Mexican, whose other name is to the grand jurors unknown.” The defendant excepted to the indictment upon several grounds, one of which was that it did not contain the name of the accused, nor give a reasonably accurate description of him. His exceptions were overruled.

One of the prescribed requisites of an indictment is that, “ It must contain the name of the accused, or state that his name is unknown; and in case his name is unknown, give a reasonably accurate description of him.” (Code Crim. Proc.,…

2Cases cited1 opinion

  1. State v. VandeveerTexas Supreme Court · 1858

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