Clark v. State
Court of Appeals of Texas
Appeal from the District Court of Comanche. Tried below before Hon. T. H. Conner. A term of five years in the penitentiary was the penalty assessed against the appellant upon his conviction for robbery, under an indictment, the -charging part of which reads as follows: “W. A. Clark * * * did then and there, upon the persons of C. W. Churchwell and J. A. Taylor, Unlawfully, wilfully, and feloniously make an assault, and them, the said C. W. Churchwell and J. A. Taylor, by…
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Appeal from the District Court of Comanche. Tried below before Hon. T. H. Conner. A term of five years in the penitentiary was the penalty assessed against the appellant upon his conviction for robbery, under an indictment, the -charging part of which reads as follows: “W. A. Clark * * * did then and there, upon the persons of C. W. Churchwell and J. A. Taylor, Unlawfully, wilfully, and feloniously make an assault, and them, the said C. W. Churchwell and J. A. Taylor, by means of said assault, and by violence, in fear of their lives and bodily injury, then and there feloniously did put, and…
1Opinion of the Court
White, Presiding Judge.
1. Appellant's motion in arrest of judgment based on the supposed insufficiency of the indictment was properly overruled. It sufficiently charged the crime of robbery under our statute and decisions. Penal Code, art. 722; Willson's Crim. Stats., sec. 1248.
2. Appellant was alone indicted in this prosecution for the robbery, but the evidence disclosed most fully, as we think, that his brother, one A. A. Clark, was a joint and principal offender with‘him, acting with him prior to, at the time of, and subsequent to the commission of the crime. Both parties were arrested and…
2Cases cited1 opinion
- State v. . SlagleSupreme Court of North Carolina · 1880
3Cited by11 opinions
- People v. BurkeCalifornia Court of Appeal · 1912
- Musser v. StateIndiana Supreme Court · 1901
- Price v. State, Texas Court of Appeals, 13th District1981
- Wiley v. StateSupreme Court of Arkansas · 1909
- Beaupre v. StateCourt of Criminal Appeals of Texas · 1918
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