Legal Opinion

Colter v. State

Court of Criminal Appeals of Texas

Decided March 10, 1897No. 1268PublishedCited by 14 opinions

Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. Appeal from a conviction for robbery; penalty, five years’ imprisonment in the penitentiary. The indictment contained two counts, one for theft from the person, and the other for robbery. Defendant moved to quash the indictment, the main ground of the motion being that the money alleged to have been taken was not sufficiently described. This motion was overruled.

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Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. Appeal from a conviction for robbery; penalty, five years’ imprisonment in the penitentiary. The indictment contained two counts, one for theft from the person, and the other for robbery. Defendant moved to quash the indictment, the main ground of the motion being that the money alleged to have been taken was not sufficiently described. This motion was overruled. The essential facts in the case are: The proof in substance shows that W. H. Cox visited Dallas about the 15th of October, 1896. He had in…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of robbery, and given five years in the penitentiary, and prosecutes this appeal. Appellant complains that the court erred in overruling his motion to quash the indictment; the ground of his motion being that there is no sufficient description of the money in said indictment. The description contained in the charging part of the indictment is as follows: “Sixty dollars and fifty cents in money, which passed current as money of the United States of America, of the value of sixty dollars and fifty cents,” etc. This is in accord with the decision in…

2Cases cited2 opinions

  1. Thompson v. StateCourt of Criminal Appeals of Texas · 1896
  2. Jackson v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by14 opinions

  1. Neufield v. United StatesCourt of Appeals for the D.C. Circuit · 1941
  2. Burkhardt v. StateCourt of Criminal Appeals of Texas · 1918
  3. Thomas v. StateSupreme Court of Florida · 1917
  4. State v. AllenIdaho Supreme Court · 1913
  5. Berry v. StateCourt of Criminal Appeals of Texas · 1904

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