Stanfield and Smith v. State
Court of Criminal Appeals of Texas
The indictment was against Tom Stanfield and Budolph Smith jointly, and charged them jointly with willfully placing an obstruction, a large piece of timber, upon the track of the Fort Worth & Denver City Bail-way Company, whereby the lives of persons were endangered, on the 16th day of January, 1900. The charging part of the indictment is set out in the opinion below.
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The indictment was against Tom Stanfield and Budolph Smith jointly, and charged them jointly with willfully placing an obstruction, a large piece of timber, upon the track of the Fort Worth & Denver City Bail-way Company, whereby the lives of persons were endangered, on the 16th day of January, 1900. The charging part of the indictment is set out in the opinion below. A motion was made to quash the indictment because it omitted the word “of” between the words “the track” and “the Fort Worth & Denver City Bailway Company.” This motion was overruled, and the ruling is one of the errors…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellants were convicted of placing an obstruction on a railroad track, and their punishment assessed at two years confinement in the penitentiary.
Omitting formal portions, the indictment charges that appellants “did then and there unlawfully and willfully place an obstruction, to wit, a large piece of timber, upon the track of a railroad there situated, to wit, the track the Port Worth & Denver City Railroad Company,” etc. The indictment is attacked because of the omission of the word “of” between the expressions “the track” and “the Port Worth & Denver City…
2Cited by7 opinions
- Serrato v. StateCourt of Criminal Appeals of Texas · 1914
- Henderson v. StateCourt of Criminal Appeals of Texas · 1915
- Hewitt v. StateCourt of Criminal Appeals of Texas · 1914
- Daniel v. StateCourt of Criminal Appeals of Texas · 1948
- Wise v. StateCourt of Criminal Appeals of Texas · 1953
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