Morris v. State
Court of Appeals of Texas
Appeal from the District Court of McLennan. Tried below before the Hon. B. W. Rimes. The indictment charged the appellant and one William Self with an assault with intent to rob Sanford Allen, in McLennan county, Texas, on the sixteenth day of March, 1882. Upon the application of his co-defendant, a severance was granted, and the appellant was placed first upon trial. He was convicted, and awarded a two years term in the penitentiary.
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Appeal from the District Court of McLennan. Tried below before the Hon. B. W. Rimes. The indictment charged the appellant and one William Self with an assault with intent to rob Sanford Allen, in McLennan county, Texas, on the sixteenth day of March, 1882. Upon the application of his co-defendant, a severance was granted, and the appellant was placed first upon trial. He was convicted, and awarded a two years term in the penitentiary. Sanford Allen, the party alleged to have been assaulted, was the first witness introduced by the State. He testified that, on the night of the sixteenth of…
1Opinion of the CourtWhite, P. J.
In the lower court no attack was made upon the indictment, either by motion to quash or by motion in arrest of judgment, but its sufficiency to sustain the conviction is now, for the first time, called in question on this appeal.
We think that the proper rule is that where the indictment is fatally defective in matter of substance, a party may avail himself of the defect for the first time on appeal, but not so with regard to matter of form merely. The reason for the rule is found in the constitutional provision, which requires that the accused in all criminal cases shall have the right to…
2Cases cited9 opinions
- Martin v. StateTexas Supreme Court · 1874
- Shinn v. StateIndiana Supreme Court · 1879
- Bittick v. StateTexas Supreme Court · 1874
- Draper v. StateTexas Supreme Court · 1858
- Dickinson v. StateIndiana Supreme Court · 1880
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3Cited by8 opinions
- Curtis Mantooth, Jr. v. State, Texas Court of Appeals, 6th District (Texarkana)2008
- Curtis Mantooth, Jr. v. State, Texas Court of Appeals, 6th District (Texarkana)2008
- Eric Alvarado v. State, Texas Court of Appeals, 6th District (Texarkana)2008
- Miles Patrick Clayton v. State, Texas Court of Appeals, 6th District (Texarkana)2009
- Miles Patrick Clayton v. State, Texas Court of Appeals, 6th District (Texarkana)2009
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