Portwood v. State
Texas Supreme Court
Appeal from Karnes. The case was tried before Hon. Benjamin P. Heal, one-of the district judges. The indictment charged that the accused “a certain house, situated in the town of Helena, then and there oecujfied and used by the firm of Calloway & Stowell for the purpose of merchandizing, with force and arms did willfully, forcibly, and feloniously enter, and with the felonious intent then and there a felony to do and commit.”
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Appeal from Karnes. The case was tried before Hon. Benjamin P. Heal, one-of the district judges. The indictment charged that the accused “a certain house, situated in the town of Helena, then and there oecujfied and used by the firm of Calloway & Stowell for the purpose of merchandizing, with force and arms did willfully, forcibly, and feloniously enter, and with the felonious intent then and there a felony to do and commit.” Port-wood moved to quash, which motion was sustained, and the State appealed.
1Opinion of the CourtDonley, J.
By Art. 398, O. & W. Dig., tit. Criminal *48Procedure, it is provided, that “ The certainty required in. an indictment is such as will enable the accused to plead the judgment that may be given upon it in bar of any prosecution for the same offense.”
It is an essential ingredient of the offense here intended to be charged, that the house should be entered for the purpose of committing a felony. (O. & W. Dig., Art. 724.) This is averred in the words of the statute.
As a general rule, it is sufficiently certain to describe an offense in an indictment in the language of the act creating the offense;…
2Cases cited1 opinion
- People v. TaylorNew York Supreme Court · 1846
3Cited by14 opinions
- State v. . AllenSupreme Court of North Carolina · 1923
- State v. BuchananMississippi Supreme Court · 1897
- Barnhart v. StateIndiana Supreme Court · 1900
- Wimberly v. StateCourt of Criminal Appeals of Texas · 1924
- Rodgers v. StateCourt of Criminal Appeals of Texas · 1929
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