Wade v. State
Court of Appeals of Texas
Appeal from, the District Court of Walker. Tried below before the Hon. N". G. Kittrell. The death penalty was assessed against the appellant in this case upon his conviction in the first degree for the murder of “Smutty My Darling,” in Walker county, Texas, on the fifteenth day of November, 1886. The transcript brings up no statement of facts. .
1Opinion of the Court
Willson, Judge.
It was not error to overrule the exception to the indictment and the motion in arrest of judgment, both based upon the supposed insufficiency of the indictment in that “it does not appear from the face of the indictment whether the defendant killed a man, or a beast, or some inanimate object.” It is alleged in the indictment that the defendant killed “Smutty My Darling.” It has been repeatedly held by this court that in an indictment for murder it is sufficient to allege the name of the deceased, without further alleging that said deceased was “a reasonable creature in being.”…
2Cited by3 opinions
- Boles v. StateCourt of Criminal Appeals of Texas · 1980
- Woods v. CommonwealthSupreme Court of Virginia · 1924
- Provisional Government v. HeringHawaii Supreme Court · 1893