Legal Opinion

State v. Daugherty

Texas Supreme Court

Decided April 15, 1867PublishedCited by 13 opinions

Appeal from Kaufman. The case was tried before Hon. K,. W. Scott, one of the district judges. This was an indictment under the act of 28th May, 1864, “ to punish unlawful interference with private property or private rights.” .The defendant was indicted in the district court of Kaufman county, at the fall term, 1865. The indictment charged that the defendant, “A. J. Daugherty, late of said county, on the 1st day of August, 1865, with force and arms, in the county and state…

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Appeal from Kaufman. The case was tried before Hon. K,. W. Scott, one of the district judges. This was an indictment under the act of 28th May, 1864, “ to punish unlawful interference with private property or private rights.” .The defendant was indicted in the district court of Kaufman county, at the fall term, 1865. The indictment charged that the defendant, “A. J. Daugherty, late of said county, on the 1st day of August, 1865, with force and arms, in the county and state aforesaid, without lawful authority, molest, disturb, and take into his possession, and carry away and sell, one steer,…

1Opinion of the CourtDonley, J.

The charge in the indictment is, that the defendant, “ on the 1st day of August, 1865, with force and arms, in the county and state aforesaid, then and there, without lawful authority, molest, disturb, and take into his possession, and carry and sell one steer, of the value oi $15,” &c.

*361In The State v. Huston, 12 Tex., 245, it was averred, that the defendant did play at a game with cards, upon which money was then and there het, a certain public house, &e. The court said: “A knowledge of the language of the statute enables us to perceive that the word “ at” was omitted, no doubt by accident,…

2Cases cited1 opinion

  1. State v. HustonTexas Supreme Court · 1854

3Cited by13 opinions

  1. Edmondson v. StateTexas Supreme Court · 1874
  2. Pass v. State, Texas Court of Appeals, 4th District (San Antonio)1982
  3. Ridgeway v. StateTexas Supreme Court · 1874
  4. State v. HaganSupreme Court of Missouri · 1901
  5. Scroggins v. StateCourt of Criminal Appeals of Texas · 1896

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