State v. Gonzales
Texas Supreme Court
Appeal from Nueces. Tried below before the Hon. John F. McKinney. The appellee was indicted for horse stealing at the fall term of the Nueces District Court.
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Appeal from Nueces. Tried below before the Hon. John F. McKinney. The appellee was indicted for horse stealing at the fall term of the Nueces District Court. He filed the following plea:—“ And comes the defendant in -proper person and says that J. B. Murphy, who wrote out this indictment and whose name is officially signed thereto, after his appointment, election or commission as District Attorney of this judicial district, was appointed and did accept and qualify himself for the office of ! Receiver,’ under an Act of the Congress of the Confederate States of America, entitled ‘ An Act for…
1Opinion of the CourtBell, J.
The evidence heard by the Court below upon the special plea, or motion to set aside the indictment, does not disclose the fact that the person who acted as District Attorney was present with the Grand Jury “ when they were discussing the propriety of finding the indictment, or voting upon the same.” Nor does the Judge below put his ruling upon the ground that the District Attorney, or the person who acted as such, was present with the Grand Jury at an improper time, or that he exercised any improper influence. The court seems to have acted solely upon the idea that the person who acted as…
2Cited by12 opinions
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- Gragg v. StateNebraska Supreme Court · 1924
- In Re Murray, Texas Court of Appeals, 10th District (Waco)2008
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