Williams v. State
Court of Appeals of Texas
Appeal from the County Court of Freestone. Tried below before the Hon. O. C. Kirven, County Judge. The indictment was framed in accordance with the form for theft prescribed by the “common-sense indictment ” enactment of March 26, 1881, and is set out at large in the opinion. ■ The defense excepted to its sufficiency, because it does not allege the ownership of the hogs, nor charge that they were taken without the consent of the owner, or with intent to deprive him of their…
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Appeal from the County Court of Freestone. Tried below before the Hon. O. C. Kirven, County Judge. The indictment was framed in accordance with the form for theft prescribed by the “common-sense indictment ” enactment of March 26, 1881, and is set out at large in the opinion. ■ The defense excepted to its sufficiency, because it does not allege the ownership of the hogs, nor charge that they were taken without the consent of the owner, or with intent to deprive him of their value. The exceptions were overruled, and the defense reserved a bill of exceptions to the ruling. The punishment…
1Opinion of the CourtWillson, J.
The indictment in this case is as follows: “ In the name and by the authority of the State of Texas. The grand jury of Freestone county, Texas, present in the District Court of Freestone county, that," about the third day of January, A. D. 1881, in Freestone county, Texas, Al. Williams did fraudulently take, steal and carry away four hogs, of the value each of four dollars ($4), from H. L. Williams; contrary to law and against the peace and dignity of the State. J. B. Casey,
“Foreman of the Grand Jury.”
This indictment omits to charge the folio wing elements of the offense of theft, as defined…
2Cases cited13 opinions
- United States v. CookSupreme Court of the United States · 1872
- United States v. MillsSupreme Court of the United States · 1833
- Noles v. StateSupreme Court of Alabama · 1854
- State v. DukeTexas Supreme Court · 1874
- Hewitt v. StateTexas Supreme Court · 1860
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Moore v. StateWisconsin Supreme Court · 1972
- Lindsey v. StateCourt of Criminal Appeals of Texas · 1925
- Moore v. StateWisconsin Supreme Court · 1972
- Teal, Wilbert JamesCourt of Criminal Appeals of Texas · 2007