Hall v. State
Court of Appeals of Texas
Appeal from the District Court of Tyler. Tried below before Hon. W. H. Ford. The conviction in this case was in the second degree for the murder of Frank Hughs, and the penalty assessed by the verdict was a term of five years in the penitentiary. The questions determined on this appeal do not involve the evidence adduced on the trial.
1Opinion of the Court
White, Presiding Judge.
An indictment for murder need not allege that the killing was “unlawfully” done. A murder committed with “ malice aforethought ” is necessarily unlawful. Stephens v. The State, 20 Texas Ct. App., 255; Jackson v. The State, 25 Texas Ct. App., 314. The indictment was sufficient (Willson’s Crim. Forms, No. 388, p. 173), and the court did not err in overruling the defendant’s motion in arrest of judgment based upon this supposed defect.
Defendant made a moticto to quash the service of the special venire which had been made upon him. He did not make any motion to quash the…
2Cited by5 opinions
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- Akens v. StateCourt of Criminal Appeals of Texas · 1943
- Lacy v. StateCourt of Criminal Appeals of Texas · 1939