Toliver v. State
Court of Criminal Appeals of Texas
Appellant was indicted for resisting the execution of a warrant of arrest, and in resisting the same, and that he did make an assault with intent to murder Sam Cook, the constable attempting to make the arrest. At the trial he was convicted, his punishment being assessed at seven years imprisonment in the penitentiary.
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Appellant was indicted for resisting the execution of a warrant of arrest, and in resisting the same, and that he did make an assault with intent to murder Sam Cook, the constable attempting to make the arrest. At the trial he was convicted, his punishment being assessed at seven years imprisonment in the penitentiary. The warrant of arrest was set out in full in the indictment as follows, viz.: “ The State of Texas, to the Sheriff or any Constable of-County, “Greeting: You are hereby commanded to arrest George Toliver and him safely keep, so that you have him before the Justice Court of Rusk…
1Opinion of the CourtDavidson, Judge
Appellant was indicted for a violation of articl222 of the Penal Code. The warrant for his arrest issued from the Justice Court, and his resistance is alleged to have been made with the intent to murder the officer seeking to execute it. His trial resulted in his conviction, and his punishment was assessed at a term of years in the penitentiary.
The warrant is set out in the indictment, and was directed to the “sheriff or any constable of-county,” etc. It is urged that the omission of the name of the county in the direction of the warrant renders it invalid, and a motion to quash the…
2Cited by3 opinions
- Rodgers v. StateCourt of Appeals of Maryland · 1977
- Fulkerson v. StateCourt of Criminal Appeals of Texas · 1902
- Sullivan v. StateCourt of Criminal Appeals of Texas · 1912