State v. Coffey
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. W. II. Andrews. The character of the indictment in this case is shown by the syllabus. Coffey moved to quash the indictment for the following reasons: 1st. Because said indictment pretends to charge two separate and distinct offenses different in their character. 2d. Because the first count in the indictment does not charge that said Bridges (the officer) was attempting to execute a lawful warrant of arrest. 3d.
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Appeal from Hopkins. Tried below before the Hon. W. II. Andrews. The character of the indictment in this case is shown by the syllabus. Coffey moved to quash the indictment for the following reasons: 1st. Because said indictment pretends to charge two separate and distinct offenses different in their character. 2d. Because the first count in the indictment does not charge that said Bridges (the officer) was attempting to execute a lawful warrant of arrest. 3d. Because the second count in the indictment does not charge that at the time said resistance was made the said Bridges was attempting…
1Opinion of the Court
Reeves, Associate Justice.
It appears from the recitals in the judgment rendered in this cause that the court treated the indictment as charging two separate and distinct offenses: one an aggravated assault, and the other for resisting an officer in the lawful discharge of the duties of his office. So regarding it, the District Attorney was put upon his election as to which one of the charges he would prosecute. Having declined to prosecute for the aggravated assault, he decided to prosecute for resisting the officer; and thereupon the court quashed the indictment on the grounds stated in…
2Cited by6 opinions
- Payne v. StateCourt of Criminal Appeals of Texas · 1980
- Bristow v. StateCourt of Criminal Appeals of Texas · 1896
- Slaughter v. StateCourt of Criminal Appeals of Texas · 1939
- BARBER, GRADY JACK v. the State of TexasCourt of Criminal Appeals of Texas · 2026
- Dent v. StateCourt of Criminal Appeals of Texas · 1901
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