State v. Powell
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. Alexander W. Terrell. This was an indictment against William C. Powell, for gaming. The defendant filed a motion to quash the indictment, on the ground, among others, that the signature of William Ellison, the foreman of the grand jury, was not the genuine signature of said Ellison, but was signed by some other person; to which the district attorney filed a general exception. The other facts are stated in the opinion.
1Opinion of the CourtBell, J.
The appellee was indicted in the District Court for Caldwell county, for permitting certain persons to play at an unlawful game with cards, in his store-house, situated in the town of Lockhart, &e. The indictment was subscribed, “ William Ellison, foreman of the grand jury.” Amongst other exceptions to the indictment, it was objected, that the name of William Ellison was not signed to the indictment by himself, but was put there by some one else. This objection to the indictment was verified by the affidavit of the appellee, and was treated as a plea in abatement. The question of fact,…
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