State v. Jennings
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. Hardin Hart. After conviction on their plea of not guilty, the defendants moved in arrest of judgment, on the ground indicated in the head-note. The motion was sustained, and the State appealed.
1Opinion of the CourtWalker, J.
The decision of this case is referable to the case of Croft v. The State, 15 Texas 576, and the case of The State v. Killough, 32 Texas, 74, and cases decided at the present term.
*507The indictment is almost, if not precisely, in the-words of the statute, Article 2155, Paschal’s Digest. But the indictment in this case would have been good at common law. (See Wharton’s American Criminal Law, 1281, et seq.; Train & Hurd’s Precedents, p. 44, and notes 2 and 3.)
The judgment of the district court is reversed.
Reversed.
2Cases cited1 opinion
- State v. KilloughTexas Supreme Court · 1869
3Cited by2 opinions
- Martin v. StateTexas Supreme Court · 1874
- Nash v. StateCourt of Appeals of Texas · 1877