State v. Oxford
Texas Supreme Court
Appeal from Erath. The case was tried before Hon. John J. Good, one of the district judges. The opinion turned upon a question of practice, and the facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtCaldwell, J.
The grand jury, at the fall term for 1866, presented an indictment for murder against appellee, alleged to have been committed March 12,1863. It was duly noted on the minutes, and became part of the record of the district court.
On being arraigned defendant filed a plea in abatement, averring that the “pretended indictment in this cause is not the act of the grand jury of Erath county, and, if so returned, it was done by mistake, aud without the action of the grand jury; wherefore he prays that said indictment he abated;” upon which the state took issue, and the same was submitted to a jury.
The…
2Cited by6 opinions
- Taylor v. StateSupreme Court of Florida · 1905
- Gitchell v. PeopleIllinois Supreme Court · 1893
- State Ex Rel. Matko v. ZieglerWest Virginia Supreme Court · 1971
- Johnson v. StateCourt of Appeals of Texas · 1886
- Gitchell v. PeopleAppellate Court of Illinois · 1892
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