Shelton v. State
Texas Supreme Court
Appeal from Tarrant. The case was tried before Hon. Bobert W. Scott, one of the district judges. The indictment followed the language of the statute. The defendant plead guilty, but afterwards appealed.
1Opinion of the CourtLindsay, J.
We can see no defect in the indictment in this case. If any two or more persons shall fight together in a public place, by our statute, it constitutes an affray, or an offense, for which they are punishable by fine. The indictment charges that the appellant did so fight with one Coots in a public place. That simple allegation is sufficient to meet the requirement of the statute. It is true, the statute does define what is intended to be a public place within the meaning of the law. But this is altogether a matter of evidence, and the state must - show in sustaining the charge that the…
2Cited by4 opinions
- Coats v. StateCourt of Criminal Appeals of Texas · 1919
- Grandberry v. StateCourt of Criminal Appeals of Texas · 1919
- Terreto v. StateCourt of Criminal Appeals of Texas · 1918
- Terretto v. StateCourt of Criminal Appeals of Texas · 1918