State v. Edmondson
Texas Supreme Court
Appeal from Lamar. - Tried below before the Hon. J. 0. Easton. This is an appeal from a judgment quashing an indictment for murder preferred against .the appellee.
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Appeal from Lamar. - Tried below before the Hon. J. 0. Easton. This is an appeal from a judgment quashing an indictment for murder preferred against .the appellee. The charging part of the indictment is as follows: “ That on the tenth (10th) day of February, A. D. 1873, in the county of Lamar, in said State of Texas, with force and arms, one Luke Edmondson, in and upon one Julia Edmondson, a child, feloniously, willfully, and of his express malice aforethought, did make an assault, and with a certain stick, which Luke Edmondson then and there had and held, her, the said Julia Edmondson, did…
1Opinion of the Court
Moore, Associate Justice.
By the common-law system of criminal pleading, if it is desired to charge the offense in different forms to meet the facts as they may be developed upon the trial, this must be done by alleging in different counts the various phases of the offense upon which it is deemed necessary to rely to secure the conviction of the offender as distinct offenses. While, if the matters which may be thus alleged in different counts of the indictment, and which in mere fiction of law are regarded as presenting separate offenses, were embodied in a single count, the indictment would…
2Cases cited1 opinion
- State v. . Baker and OthersSupreme Court of North Carolina · 1869
3Cited by12 opinions
- State v. O'NeilSupreme Court of Kansas · 1893
- State v. FiesterOregon Supreme Court · 1897
- Nicholas v. StateCourt of Appeals of Texas · 1887
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
- United States v. ScottU.S. Circuit Court for the District of Kentucky · 1895
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