Legal Opinion

Thomas v. State

Court of Appeals of Texas

Decided May 13, 1885No. 3436Published

Appeal from the District Court of Freestone. Tried below before the Hon. L. D. Bradley. The conviction in this case was for the forgery of a school voucher or check, in Freestone county, Texas, on the 5th day of September, 1882. The penalty imposed by the jury was a term of seven years in the penitentiary. County Judge O. C. Kirven was the first witness for the State. He testified that he had held his present position for the last eight years.

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Appeal from the District Court of Freestone. Tried below before the Hon. L. D. Bradley. The conviction in this case was for the forgery of a school voucher or check, in Freestone county, Texas, on the 5th day of September, 1882. The penalty imposed by the jury was a term of seven years in the penitentiary. County Judge O. C. Kirven was the first witness for the State. He testified that he had held his present position for the last eight years. He knew the defendant and pointed him out in court. Witness recognized the check exhibited by the indorsement on the same, made by the witness. This…

1Opinion of the Court

White, Presiding Judge.

Before announcing ready for trial, defendant submitted to the court his exceptions to the indictment, upon which he based a motion to quash the same, and said exceptions and motion to quash were overruled by the court. The first ground of the motion to quash was that it does not appear from said indictment that the same was presented in the district court of Freestone county. In so far as this exception is applicable to said indictment, it reads as follows, viz.:

“In the name and by the authority of the State of Texas: The grand jurors in and for the county of Freestone…

2Cases cited6 opinions

  1. Burrell v. StateTexas Supreme Court · 1857
  2. Johnson v. BrownTexas Supreme Court · 1879
  3. Mathews v. StateTexas Supreme Court · 1875
  4. Castello v. StateTexas Supreme Court · 1872
  5. Potter v. StateTexas Supreme Court · 1873

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