Cleveland v. State

(dissenting).—My brethren have affirmed the judgment herein, and what I shall say here will also apply to causes Nos. 4137, Pete Hawthorne v. State; 4165, Leon Vance v. State; 4167, Will Dupree v. State. These cases involve the same question.

Omitting all portions except that directly at issue, the indictment failed to allege that the order had been published as required by law. It alleged that the Commissioners Court passed and published an order. The authorities are adverse to this as sufficient pleadings, and are collated by Mr. Branch in his recent Annotated Penal Code, on pages 694 and…