State v. McCormack
Texas Supreme Court
Appeal from Lampasas. Tried below before the Hon. Nat. M. Burford. Indictment against the appellee, charging him with taking into his possession, on the first day of August, 1856, a certain bay mule, the property of a person to the grand jurors unknown, which said mule was then and there (in the county of Lampasas) an estray on the premises of the defendant; and that the said defendant did then and there use, and work the said mule, without advertising said mule as an…
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Appeal from Lampasas. Tried below before the Hon. Nat. M. Burford. Indictment against the appellee, charging him with taking into his possession, on the first day of August, 1856, a certain bay mule, the property of a person to the grand jurors unknown, which said mule was then and there (in the county of Lampasas) an estray on the premises of the defendant; and that the said defendant did then and there use, and work the said mule, without advertising said mule as an estray, as required by law. The district attorney moved to amend the indictment, by inserting therein the words “of the value…
1Opinion of the CourtRoberts, J.
The indictment does not allege the value of the mule. If this be a substantial defect, and one not of form, it *301cannot be amended. (Code of Crim. Proc. Art. 508.) The penalty, imposed by the section under which this indictment is found, is, “double the value of the animal, and costs.” (Hart. Dig. Art. 1254.)
Although the value may not be one of the prominent ingredients of the offence, it is necessary to prove it, to determine the amount of the penalty; and as the indictment was found since the adoption of the Code, it should conform to its rules of certainty, as far as practicable ; which…
2Cited by8 opinions
- State v. FisherMontana Supreme Court · 1927
- Rankin v. RankinCourt of Appeals of Texas · 1910
- Huntsman v. StateCourt of Appeals of Texas · 1882
- State v. HeathTexas Supreme Court · 1874
- Tharp v. StateTexas Supreme Court · 1866
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