Legal Opinion

Rowlett v. State

Court of Appeals of Texas

Decided March 12, 1887No. 2291PublishedCited by 6 opinions

Appeal from the District Court of Williamson. Tried below before the Hon. A. S. Walker. The indictment in this case charged the appellant and Samuel Dunbar jointly with the murder of James Davis, in Williamson county, Texas, on the fifteenth day of June, 187!. The appellant, being alone upon trial, was found guilty of murder in the second degree, and his punishment was assessed at a term of five years in the penitentiary. J. J. Sides was the first witness for the State.

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Appeal from the District Court of Williamson. Tried below before the Hon. A. S. Walker. The indictment in this case charged the appellant and Samuel Dunbar jointly with the murder of James Davis, in Williamson county, Texas, on the fifteenth day of June, 187!. The appellant, being alone upon trial, was found guilty of murder in the second degree, and his punishment was assessed at a term of five years in the penitentiary. J. J. Sides was the first witness for the State. He testified that he lived in the lower part of Williamson county at the time of Davis’s death. The witness, his younger…

1Opinion of the Court

Willson, Judge.

It is objected to the indictment that it does not conclude “against the peace and dignity of the State,” and is, therefore, a nullity. The original indictment is before us, and we find that the words “against the peace and dignity of the State ” followed immediately after the charging portion of the indictment, and are the last words used by the pleader. In the next line below these words, and without any grammatical or other connection therewith, in a different handwriting from that of the indictment, are the words, “A true bill,” followed immediately and in the same…

2Cited by6 opinions

  1. Williams v. StateCourt of Criminal Appeals of Texas · 1958
  2. Arnold v. StateCourt of Criminal Appeals of Texas · 1945
  3. Bond v. StateCourt of Criminal Appeals of Texas · 1961
  4. Poe v. StateCourt of Criminal Appeals of Texas · 1924
  5. Poe v. StateCourt of Criminal Appeals of Texas · 1924

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