Campbell v. State
Court of Appeals of Texas
Appeal from the District Court of Parker. Tried below before the Hon. A. J. Hood. The indictment charged the appellant with the murder of John Booth, by shooting him with a pistol on September 28, 1879. The jury found him guilty of manslaughter, and assessed his punishment at three years in the penitentiary. There was no eye-witness of the homicide.
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Appeal from the District Court of Parker. Tried below before the Hon. A. J. Hood. The indictment charged the appellant with the murder of John Booth, by shooting him with a pistol on September 28, 1879. The jury found him guilty of manslaughter, and assessed his punishment at three years in the penitentiary. There was no eye-witness of the homicide. On October 2, 1879, the dead body of a man was found in a ravine some twelve miles north of Weatherford, and about two hundred yards from the road leading to Veal’s Station. It had obviously been dragged thirty or forty steps from a spot where the…
1Opinion of the CourtWhite, P. J.
Whilst it is true that, in defining what requisites to an indictment shall be deemed sufficient, our Code of Criminal Procedure, at subdivision 9 of art. 420, provides that “it shall be signed officially by the foreman of the grand jury,” yet when the same Code comes to provide for the only exceptions of form to an indictment which will be entertained and allowed, it expressly excepts “ the want of the signature of the foreman of the grand jury ” (Code Cr. Proc., art. 529), and in effect declares that the want of such signature is not a matter affecting one way or another its validity.
A…
2Cases cited2 opinions
- Pinson v. StateTexas Supreme Court · 1859
- State v. PowellTexas Supreme Court · 1859