Legal Opinion

Alvarado v. State

Court of Criminal Appeals of Texas

Decided March 27, 1918No. 4933PublishedCited by 15 opinions

The same order quashing the indictment for the above reasons stated in the opinion is made in Nos. 4930, 4931, 4932 and 4934 against the same appellant, and the cause is reversed and remanded with instructions. The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of horse theft and allotted two years confinement in the penitentiary.

He was not defended by an attorney. Subsequent to his conviction his brother employed Dawson & .Anderson to look after his case. Motion for new trial was filed and overruled, and notice of appeal given. Later, and during the term, it is claimed that it was discovered that the original indictment did not begin, “In the name and by the authority of the State of Texas,” but did begin, “In the name,and authority of the State of Texas.” The two words “by the” in front of…

2Cases cited1 opinion

  1. Moss v. StateCourt of Criminal Appeals of Texas · 1910

3Cited by15 opinions

  1. State v. MooreCourt of Criminal Appeals of Texas · 2007
  2. Ferguson v. WilcoxTexas Supreme Court · 1930
  3. Cardwell v. StateCourt of Criminal Appeals of Texas · 1931
  4. Jones v. StateCourt of Criminal Appeals of Texas · 1981
  5. Ex Parte CooperCourt of Criminal Appeals of Texas · 1979

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