State v. Meschac
Texas Supreme Court
Appeal from Travis. The case was tried before Hon. John Ireland, one of the district judges. The indictment charges that Meschac, &c., did knowingly, without complying with the law regulating estrays, take up and use a horse coming within the meaning of an estray, worth $25, without the consent of the owner, &c. The defendant moved to quash, because the indictment stated no offense, and was not intelligible. The motion was sustained, and the indictment quashed.
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Appeal from Travis. The case was tried before Hon. John Ireland, one of the district judges. The indictment charges that Meschac, &c., did knowingly, without complying with the law regulating estrays, take up and use a horse coming within the meaning of an estray, worth $25, without the consent of the owner, &c. The defendant moved to quash, because the indictment stated no offense, and was not intelligible. The motion was sustained, and the indictment quashed. The state appealed.
1Opinion of the CourtCaldwell, J.
We think the indictment insufficient, and that the judgment of the court below ought to be *520affirmed in quashing it. The indictment charges that the defendant did “ willfully and knowingly, without complying with the laws regulating estrays, take up and use a horse, coming within the meaning of an estray, worth $25, without the consent of the owner.”
An elementary rule by which to test the sufficiency of an indictment is, that it shall, in plain and -unambiguous language, apprize the defendant of the particular violation of law which he is called upon to answer, that he may prepare for his…
2Cited by1 opinion
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