State v. Walker
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon, Charles Soward. The indictment against Walker charged that he, " upon the body of one J. C. Eastham, * did make an assault with a certain pistol, said pistol being then and there a deadly weapon, and charged with gunpowder and leaden balls, which he, the said John Walker, then and there had and held in his right hand, with the intent him, the said Eastham, then and there feloniously, and with malice aforethought, to kill and…
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Appeal from Johnson. Tried below before the Hon, Charles Soward. The indictment against Walker charged that he, " upon the body of one J. C. Eastham, * did make an assault with a certain pistol, said pistol being then and there a deadly weapon, and charged with gunpowder and leaden balls, which he, the said John Walker, then and there had and held in his right hand, with the intent him, the said Eastham, then and there feloniously, and with malice aforethought, to kill and murder, against,” etc. A demurrer to the indictment was sustained, and the State appealed.
1Opinion of the Court
Moore, Associate Justice.
The court erred in sustaining the motion to quash the indictment. It contained every necessary averment for a valid indictment, as has been repeatedly decided by this court. (See State v. Croft, 15 Texas, 576; State v. Hedrick, 35 Texas, 485; State v. Killough, 32 Texas, 77; State v. Peters, 36 Texas, 325; Martin v. The State, decided at the present term.)
Reversed and remanded.
2Cases cited2 opinions
- State v. PetersTexas Supreme Court · 1872
- State v. HedrickTexas Supreme Court · 1872
3Cited by4 opinions
- Mayfield v. StateTexas Supreme Court · 1875
- Burton v. StateCourt of Appeals of Texas · 1878
- Nash v. StateCourt of Appeals of Texas · 1877
- Porter v. StateCourt of Appeals of Texas · 1876