State v. Nations
Texas Supreme Court
Appeal from G-onzales. The case was tried before Hon. Wesley Ogden, one of the district judges, The defendants were indicted for assault with intent to kill and murder.
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Appeal from G-onzales. The case was tried before Hon. Wesley Ogden, one of the district judges, The defendants were indicted for assault with intent to kill and murder. The indictment was, that the defendants, “ feloniously, willfully, and of their malice aforethought, did make an assault, and with certain pistols and shot-guns, then and there loaded with gunpowder and leaden bullets, which pistols and shot-guns they, the said Wash Nations, Primus, Jim, and Emanuel, in their right hands then and there had and held at, towards, and against the said John Glover and Solomon Bozar, then and there…
1Opinion of the CourtCaldwell, J.
—We are of opinion that the indictment is insufficient, and that the judgment was properly arrested. The indictment does not designate with precision the person or persons intended to be killed, nor does it aver the intent with which the assault was committed with that certainty required in criminal pleadings. (Paschal’s Dig., Art. 2866.)
True, there are apt words contained in the indictment sufficient to frame a good one, but they are so inartistieally used, that we doubt if a judgment under this indictment could be successfully pleaded in bar of another prosecution for the. same supposed…
2Cited by1 opinion
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