Kirk v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for robbery, the punishment being assessed at ten years’ imprisonment in the penitentiary. A motion was made to quash the indictment, for insufficient description of the money alleged to have been taken, as. to kind and of what nation the money was.
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This appeal is from a conviction for robbery, the punishment being assessed at ten years’ imprisonment in the penitentiary. A motion was made to quash the indictment, for insufficient description of the money alleged to have been taken, as. to kind and of what nation the money was. This motion to quash was overruled. ' The evidence shows that on the 29th day of December, 1894, F. F. Collins, the alleged injured party, was in the town of Gatesville, and, about sundown, was seen in a barroom, where he took one or more drinks of whiskey, in paying for which, he pulled out his purse, which…
1Opinion of the Court
HURT, Presiding Judge.
The appellant in this case was convicted of robbery, and given ten years in the penitentiary. The indictment is sufficient as to the coins described. The description of the property in this indictment is “certain silver coins, to-wit: three silver dollars in coin of the value of §3, one fifty-cent piece in coin of the value of 50 cents, one ten-cent piece in coin of the value of 10 cents, and one nickle coin of the value of 5 cents.” It will be noticed that these are not designated as money or coin of the United States, but we will presume, and so hold, that an…
2Cited by29 opinions
- Lagrone v. StateCourt of Criminal Appeals of Texas · 1919
- Streight v. StateCourt of Criminal Appeals of Texas · 1911
- Simmons v. StateCourt of Criminal Appeals of Texas · 1909
- Mahaney v. StateCourt of Criminal Appeals of Texas · 1923
- Sims v. StateCourt of Criminal Appeals of Texas · 1912
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