Grissom v. State
Court of Criminal Appeals of Texas
The indictment charged that appellant, “on the 1st day of June, 1898, did unlawfully, fraudulently, and privately take from the person and possession of Heal Williams, without the knowledge or consent of the said Heal Williams, corporeal personal property then and there belonging to the said Heal Williams, to wit, one watch and one pocketknife and two one dollar bills,” etc.
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The indictment charged that appellant, “on the 1st day of June, 1898, did unlawfully, fraudulently, and privately take from the person and possession of Heal Williams, without the knowledge or consent of the said Heal Williams, corporeal personal property then and there belonging to the said Heal Williams, to wit, one watch and one pocketknife and two one dollar bills,” etc. Defendant made a motion to quash the indictment, because (1), “it does not sufficiently describe the articles therein alleged to have been stolen.” (2) “Defendant, in said indictment is not notified of what kind of watch,…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of theft from the person, and his punishment assessed at confinement in the penitentiary for a term of six years; hence this appeal.
He interposed a motion to quash the indictment, as well as a motion to arrest the judgment. The grounds of both motions are based upon the alleged insufficient description of the property charged to have been stolen. The property is described as follows: “One watch and one pocketknife, and two one-dollar bills.” This description is sufficient as to the watch and pocketknife. It was not necessary to describe the…
2Cited by10 opinions
- Wood v. StateCourt of Criminal Appeals of Texas · 1982
- Mays v. StateCourt of Criminal Appeals of Texas · 1968
- Smith v. StateCourt of Criminal Appeals of Texas · 1936
- Ward v. StateAlabama Court of Appeals · 1923
- Clark v. StateCourt of Criminal Appeals of Texas · 1936
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