Pisano v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for theft of four horses, the property of Miguel de la Garza, the punishment being assessed at five years’ imprisonment in the penitentiary. The indictment contained two counts, and the conviction was upon the first count. No statement is necessary.
1Opinion of the Court
DAVIDSON, Judge.
Motion was made to quash the indictment, because it charged no offense; because it was repugnant; and because it was duplicitous, and charged two separate and distinct offenses. The indictment contained two counts. The first alleged theft of four horses from Miguel de la Garza; the second charged theft of four horses from Reyes Pena. In order to constitute duplicity, two or more distinct felonies must be averred in the same connt. In this indictment distinct offenses are apparently set out in different counts. This is the proper practice. If the evidence develops distinct…
2Cited by8 opinions
- Goode v. StateCourt of Criminal Appeals of Texas · 1909
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
- Melley v. StateCourt of Criminal Appeals of Texas · 1922
- Helmus v. StateCourt of Criminal Appeals of Texas · 1965
- Wood v. StateCourt of Criminal Appeals of Texas · 1905
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