Legal Opinion

McConnell v. State

Court of Appeals of Texas

Decided November 17, 1886No. 2355PublishedCited by 13 opinions

Appeal from the District Court of Parker. Tried below before the Hon. A. T, Watts, special judge. The verdict in this case found the appellant guilty of manslaughter, and awarded him a term of four years in the penitentiary, under an indictment for murder, the charging part of which reads as follows, the words eliminated by this court being in italics: “* * * that one Eli McConnell, late of said county, on, to wit, the fifteenth (15) day of November, A. D. 1882, in said…

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Appeal from the District Court of Parker. Tried below before the Hon. A. T, Watts, special judge. The verdict in this case found the appellant guilty of manslaughter, and awarded him a term of four years in the penitentiary, under an indictment for murder, the charging part of which reads as follows, the words eliminated by this court being in italics: “* * * that one Eli McConnell, late of said county, on, to wit, the fifteenth (15) day of November, A. D. 1882, in said county of Parker, and State of Texas, not having the fear of God before his eyes, but being moved and seduced by the…

1Opinion of the Court

White, Presiding Judge.

Motions were made by defendant both to quash and in arrest of judgment for supposed fatal defects in the indictment. There is no question but that the indictment is inartistic and in some unnecessary averments rather confusing.

With regard to pleading in a criminal case, it is well settled that if, eliminating surplusage, an indictment so avers the constituents of the offense as to apprise the defendant of the charge against him and enable him to plead the judgment in bar of another prosecution, it is good in substance under our code. (Coleman v. The State, 2 Texas Ct.…

2Cases cited1 opinion

  1. Ferrell v. StateTexas Supreme Court · 1875

3Cited by13 opinions

  1. Stiles v. StateCourt of Criminal Appeals of Texas · 1975
  2. State v. ShawnWest Virginia Supreme Court · 1894
  3. Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1914
  5. Goodwin v. StateCourt of Criminal Appeals of Texas · 1913

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