McFain v. State
Texas Supreme Court
Appeal from Panola. Tried below before the Hon. Geo. Lane. James McFain was indicted under art. 6585, for threatening to take the life of B. J. Harvey and of others named. The indictment charged that McFain “ did then and there unlawfully, feloniously, and seriously threaten to take the life of B. J. Harvey” and the others named.
Read the full summary
Appeal from Panola. Tried below before the Hon. Geo. Lane. James McFain was indicted under art. 6585, for threatening to take the life of B. J. Harvey and of others named. The indictment charged that McFain “ did then and there unlawfully, feloniously, and seriously threaten to take the life of B. J. Harvey” and the others named. The law in force under which the indictment was found will be found to be the act amending the code, which took effect Oct. 16, 1871, and is as follows: “Art. 6585. (784) If any person shall threaten to take the life of any human being, or to inflict on any human…
1Opinion of the Court
Roberts, Chief Justice.
It is objected to the indictment that the words constituting the alleged threat are not set out. This objection was not raised in the court below. The indictment charges that the defendant “ did then and there unlawfully, feloniously, and seriously threaten to take the life of B. J. Harvey” and of others named. This is substantially in the language of the statute creating the offense. (Pas. Dig., art. 2864.) That is, as it has often been held, sufficient when the statute sets out in the definition the specific facts constituting the offense, and does not define or…
2Cases cited2 opinions
- Bell v. StateTexas Supreme Court · 1861
- State v. HansonTexas Supreme Court · 1859
3Cited by14 opinions
- Doyle v. StateCourt of Criminal Appeals of Texas · 1983
- United States v. StickrathDistrict Court, S.D. Ohio · 1917
- Middleton v. StateCourt of Criminal Appeals of Texas · 1930
- Spencer v. StateCourt of Criminal Appeals of Texas · 1952
- Shelton v. StateCourt of Criminal Appeals of Texas · 1909
9 more not listed; retrieve them via the Exa API.