Alexander v. State
Court of Appeals of Texas
Appeal from the District Court of Williamson. Tried below before the Hon. D. S. Chessher, County Judge. Appellant, by information based upon affidavit, was prosecuted in the county court of Williamson county for three offenses.
Read the full summary
Appeal from the District Court of Williamson. Tried below before the Hon. D. S. Chessher, County Judge. Appellant, by information based upon affidavit, was prosecuted in the county court of Williamson county for three offenses. The charging part of the information is'as follows: “That M. L. Alexander on or about the eighth day of February, A. D. 1889, in the county of Williamson and State of Texas, and anterior to the presentment of this information did unlawfully carry on or about his person a pistol, and did then and there unlawfully go into a place, to wit: the building known as the Corn…
1Opinion of the Court
Willson, Judge.
It is not a valid objection to an indictment or information that it contains several counts charging different misdemeanors. (Waddell v. The State, 1 Texas Ct. App., 720; Gage v. The State, 9 Texas Ct. App., 259.) In this case the information charges three different misdemeanors in three separate counts, and is not bad for duplicity. The counts are informal, but it is nevertheless plain that they were intended for, and are substantially separate counts, and should not be construed as constituting but a single count. It is not required *537that each count should conclude “against…
2Cited by11 opinions
- Starling v. StateMississippi Supreme Court · 1907
- Franks v. StateCourt of Criminal Appeals of Texas · 1974
- Dowell v. StateCourt of Criminal Appeals of Texas · 1910
- Walker v. StateCourt of Criminal Appeals of Texas · 1937
- Ligon v. StateCourt of Criminal Appeals of Texas · 1917
6 more not listed; retrieve them via the Exa API.