State v. Williams
Texas Supreme Court
Appeal from Robertson. Tried below before the Hon. J. B. Rector. There is no occasion for a statement of the facts.
1Opinion of the CourtOgden, J.
In this case the court did not err in sustaining the exceptions to the indictment, for the reason that the indictment wholly fails to state the manner and means by which the deceased came to his death.
In the case of The State v. Johnston, 11 Texas, 22, this court says: “ A departure from precedent is not “ advisable. These have been framed and settled on the “ most mature consideration, and a variance from them will “ be fatal, unless the requisite certainty of pleading has, in .the “ form assumed, been attained.” And in The State v. Croft, 15 Texas, 576, the court clearly intimate that in an…
2Cases cited1 opinion
- State v. JohnstonTexas Supreme Court · 1853
3Cited by5 opinions
- Northern v. StateCourt of Criminal Appeals of Texas · 1947
- Brown v. StateCourt of Criminal Appeals of Texas · 1901
- Beaver v. StateCourt of Criminal Appeals of Texas · 1911
- Freihage v. United StatesCourt of Appeals for the Ninth Circuit · 1932
- Drye v. StateCourt of Appeals of Texas · 1883