Legal Opinion

Nicholson v. State

Court of Appeals of Texas

Decided July 1, 1877Published

Appeal from the County Court of Bosque. Tried below before the Hon. J. K. Helton, County Judge.

1Opinion of the CourtWinkler, J.

The indictment charges that the accused, at a time and place stated, “ did then and there unlawfully and willfully kill, by shooting, a certain gelding, the property of Preston Abbott, of the value of fifty dollars, with intent to injure the owner, contrary,” etc.

After trial and conviction the accused made a motion in arrest of judgment, on the following grounds:

1. Because the indictment in this case is not sufficient in law to support the judgment rendered thereon.

-2. Because the indictment does not charge any offense *32against, the laws of the state in plain and intelligible language.

3.…

2Cases cited3 opinions

  1. Thomas v. StateTexas Supreme Court · 1874
  2. Harness v. StateIndiana Supreme Court · 1867
  3. State v. HeathTexas Supreme Court · 1874

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