Morton v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of the county of Galveston. Tried below before the Hon. G. Cook. The indictment charged that the appellant, “ on the 21st day of the month of May, A. D. 1876, in the said county of Galveston, in the state of Texas, with force and arms, then and there being a person of envious, evil, malicious, and wicked mind, and of a most malicious disposition, and then and there unlawfully, willfully, and maliciously minding, contriving, and…
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Appeal from the Criminal District Court of the county of Galveston. Tried below before the Hon. G. Cook. The indictment charged that the appellant, “ on the 21st day of the month of May, A. D. 1876, in the said county of Galveston, in the state of Texas, with force and arms, then and there being a person of envious, evil, malicious, and wicked mind, and of a most malicious disposition, and then and there unlawfully, willfully, and maliciously minding, contriving, and intending, as far as in him lay, to injure, oppress, and vilify one William Boyd, he, the said William Boyd, then and there…
1Opinion of the CourtWhite, J.
There is no statement of facts, bill of exceptions, or assignment of errors appearing in the transcript. The case being a misdemeanor, this court might well decline to take any action upon the appeal further than to ascertain whether the indictment would sustain the findings of the jury. Mahl v. The State, 1 Texas Ct. App. 127; Goode v. The State, 2 Texas Ct. App. 520.
It is objected, however, in the brief of counsel, to the verdict that it is not signed by the foreman of the jury, and to the judgment that it does not set out and recite the names of the jurors who tried the case. Whilst our…
2Cases cited4 opinions
- Morrison v. OvertonSupreme Court of Iowa · 1866
- Clark v. DavisTexas Supreme Court · 1852
- Foster v. Van NormanTexas Supreme Court · 1846
- Marlin's Heirs v. StockbridgeTexas Supreme Court · 1855
3Cited by1 opinion
- Shaw v. CadeTexas Supreme Court · 1881