Drye v. State
Court of Appeals of Texas
Appeal from the District Court of Maverick. Tried below k- jfore the Hon. T. M. Paschal. The purpose of the indictment in this case was to charge the appellant with the murder of C. H. Lund, in Maverick county, Texas, on the fourth day of December, 1883. ■ His trial resulted in his conviction of murder in the second degree, with a term of five years in the penitentiary assessed against him as punishment.
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Appeal from the District Court of Maverick. Tried below k- jfore the Hon. T. M. Paschal. The purpose of the indictment in this case was to charge the appellant with the murder of C. H. Lund, in Maverick county, Texas, on the fourth day of December, 1883. ■ His trial resulted in his conviction of murder in the second degree, with a term of five years in the penitentiary assessed against him as punishment. The facts in this case are summarized as presenting an interesting phase of conflicting testimony. J. Q-. Shannonhouse was the first important witness presented by the State. He testified…
1Opinion of the Court
White, Presiding Judge.
In this case the indictment, which purports to'be for murder, charges that “one Clay Drye, on or about the 4th day of the month of December, in the year of our Lord one thousand eight hundred and eighty-two, in said county of Maverick and State of Texas, did with malice aforethought kill and murder C. H. Lund; contrary to the statute and against the peace and dignity of the State.”
This indictment is fatally defective. An indictment for murder “must set forth the means by which the life was extinguished; hence, if it was by a weapon, it must say what the weapon was, or…
2Cases cited1 opinion
- State v. WilliamsTexas Supreme Court · 1872