Dalton v. State
Court of Appeals of Texas
Appeal from the District Court of Limestone. Tried below before the Hon. D. M. Prendergast. The first count of the indictment charged that the accused, on October 1, 1877, did steal, take, and carry away a certain gelding, branded “P” on the left shoulder, the property of some person to the grand jurors unknown, and not the property of the accused. The second count called the animal a “ horse,” but alleged the same time and description as in the first count.
1Opinion of the Court
White J.
A motion was made to arrest the judgment because it contained two counts, one for theft of a “ gelding,” and the other for theft of a “ horse,” and because no election was made by the prosecution (before verdict) of the count upon which the defendant was to be tried.
Both by precedent and authority the rule is now well settled ‘ ‘ that it is permissible to charge in separate counts two or more offenses in the same indictment.” 1 Bishop’s Cr. Proc., ch. 32; 1 Archb. Cr. Proc., sec. 39. And Mr. Wharton says it cannot be objected in error that two or more offenses of the same nature, on…
2Cases cited3 opinions
- United States v. FurlongSupreme Court of the United States · 1820
- Lunn v. StateTexas Supreme Court · 1875
- State v. BeanSupreme Court of Missouri · 1855
3Cited by1 opinion
- Gonzales v. StateCourt of Appeals of Texas · 1879