Loggins v. State
Court of Criminal Appeals of Texas
The indictment in this case charged appellant and one Sam Swan and one W. E. T. Ogletree jointly with breaking into the county jail of Sabine County, on the 25th of March, 1885, with intent and for the purpose of effecting the rescue and escape of Fred Connor, William Con-nor, Willis Connor, and John Connor, who were confined therein on a charge of murder, and of which the said Fred Connor had already been tried and convicted.
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The indictment in this case charged appellant and one Sam Swan and one W. E. T. Ogletree jointly with breaking into the county jail of Sabine County, on the 25th of March, 1885, with intent and for the purpose of effecting the rescue and escape of Fred Connor, William Con-nor, Willis Connor, and John Connor, who were confined therein on a charge of murder, and of which the said Fred Connor had already been tried and convicted. Appellant was alone placed upon trial, and the trial resulted in his conviction, the punishment being assessed at confinement in the penitentiary for two years. A…
1Opinion of the Court
DAVIDSON, Judge.
Appellant, Sam Swan, and W. E. T. Ogletree were jointly indicted for breaking into the county jail of Sabine County, for the purpose of liberating several prisoners therein confined.
Appellant was tried and convicted; hence this appeal. Motion to quash the indictment was made, because it did not allege that appellant and his codefendants “ acted together ” in the commission of the said offense; and further, that it omitted to charge the breaking to have been done “ willfully” and by “ force.”
The terms “willfully” and “force” do not occur in the statute defining this offense.…
2Cited by18 opinions
- Dillard v. StateCourt of Criminal Appeals of Texas · 1915
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
- Thompson v. StateCourt of Criminal Appeals of Texas · 1913
- State v. McPhersonSouth Dakota Supreme Court · 1913
- Rees v. StateCourt of Criminal Appeals of Texas · 1929
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