Gonzales v. State

The indictment alleges that the habitation was “within the City of San Antonio.” The majority opinion concludes that the indictment is fundamentally defective because it fails to allege that the City of San Antonio is an “incorporated” city.

As the Court of Criminal Appeals pointed out in Noble v. State, 18 S.W.2d 619, 620 (Tex.Crim.App.1929), a city is an “incorporated town.” There is no such thing as an *84“unincorporated” city. The Texas Supreme Court said, as early as 1890, that it is a well-established historical fact that the City of San Antonio was established as a corporation in 1733.…