Searcy v. State
Texas Supreme Court
Appeal from Collin. The appellant was indicted at the Spring Term, 1848, of the District Court for Collin comity, upon a charge stated in the indictment as follows; “The grand jury,” &c., “present that Tieonard Searcy, late of the county aforesaid, on the twelfth day of June, in the year of onr Lord one thousand eight hundred and forty-eight, (the said Leonard Searcy being then and there assessor and collector of taxes in and for Collin county aforesaid,) did willfully…
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Appeal from Collin. The appellant was indicted at the Spring Term, 1848, of the District Court for Collin comity, upon a charge stated in the indictment as follows; “The grand jury,” &c., “present that Tieonard Searcy, late of the county aforesaid, on the twelfth day of June, in the year of onr Lord one thousand eight hundred and forty-eight, (the said Leonard Searcy being then and there assessor and collector of taxes in and for Collin county aforesaid,) did willfully receive the inventory of the taxable property of Alfred Johnson, and made bis assessment thereon; and he, the said Leonard…
1Opinion of the CourtWheeler, J.
Without entering upon a particular examination of all the errors assigned, it is clear that the judgment in this case cannot he maintained.
There is no venue laid in the indictment to the facts charged as constituting the offense. And this is a fatal defect, for which the indictment ought to have been quashed or the judgment arrested on the motion of the defendant. At common law, says Mr. Chitty, (1 Chit. Or. L., 177,) the venue should always he laid in the county where the offense is committed. And it does not lie on the prisoner to disprove the commission of the offense in the county in…
2Cited by1 opinion
- Hirshfield v. DavisTexas Supreme Court · 1875