Cain v. State
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. Thomas H. DuVal. Indictment as follows : That James Gain, late of Fayette' county aforesaid, yeoman, with force and arms in the county aforesaid, on the thirteenth day of January, A. D., one thousand eight hundred and fifty-six, did then and there entice away from the possession of his master, William Scallon, a certain negro man slave, of the valúa of five hundred dollars, named Dick, of the property of said William Scallon,…
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Appeal from Fayette. Tried below before the Hon. Thomas H. DuVal. Indictment as follows : That James Gain, late of Fayette' county aforesaid, yeoman, with force and arms in the county aforesaid, on the thirteenth day of January, A. D., one thousand eight hundred and fifty-six, did then and there entice away from the possession of his master, William Scallon, a certain negro man slave, of the valúa of five hundred dollars, named Dick, of the property of said William Scallon, without the consent or knowledge of the said Scallon ; contrary to the form of the Statute in such case made and…
1Opinion of the CourtWheeler, J.
The judgment is erroneous and must be re*389versed on two grounds ; 1st. InsuEciency in the indictment; 2nd. The improper rejection of evidence.
However little apparent reason there may be for still adhering to the technical language of the common law in framing indictments, or applying its strict rules of construction to criminal proceedings, the Courts have not felt at liberty to depart from or disregard them, without legislative sanction. The doctrine has everywhere obtained, that Courts have not the power to relax the strictness required by the common law in criminal proceedings, but the…
2Cited by41 opinions
- Oursbourn v. StateCourt of Criminal Appeals of Texas · 2008
- Creager v. StateCourt of Criminal Appeals of Texas · 1997
- Butler v. StateCourt of Criminal Appeals of Texas · 1973
- People v. WolcottMichigan Supreme Court · 1883
- Ramirez v. State, Texas Court of Appeals, 14th District (Houston)2002
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