Rocha v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bexar. Tried below before Hon. John H. Clark. The, indictment charged appellant with the murder of John Grim-singer, on the 16th day of January, 1901. It contained three counts, the first charging that the crime was committed with an ax handle; the second, that it was committed with an ax, and the third, that it was committed with some instrument to the grand jurors unknown. Defendant’s confession, as made to Deputy Sheriff Chas.
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Appeal from the District Court of Bexar. Tried below before Hon. John H. Clark. The, indictment charged appellant with the murder of John Grim-singer, on the 16th day of January, 1901. It contained three counts, the first charging that the crime was committed with an ax handle; the second, that it was committed with an ax, and the third, that it was committed with some instrument to the grand jurors unknown. Defendant’s confession, as made to Deputy Sheriff Chas. F. Stevens, was testified to by that officer, as follows, to wit: “I am deputy sheriff of Bexar County. I was with Sheriff Tobin…
1Opinion of the Court
DAVIDSON, Pbesiding Judge.
Appellant was convicted of murder in the first degree, and his punishment was assessed at death.
Motion was made to quash the second and third counts of the indictment, because each alleged the act was done “of his malice aforethought,” instead of “with malice aforethought;” and because of said court’s charge, that “defendant did unlawfully kill and murder,” the words “and murder” being a conclusion of law and surplusage. If appellant’s contention is correct, that the expression “and murder” is surplusage, it can be eliminated from the indictment without in any manner…
2Cases cited1 opinion
- Shaw v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by8 opinions
- Beal v. StateCourt of Criminal Appeals of Texas · 1975
- Baker v. State, Texas Court of Appeals, 7th District (Amarillo)1981
- Elliott v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Butler v. StateCourt of Criminal Appeals of Texas · 1977
- Meriwether v. State, Texas Court of Appeals, 9th District (Beaumont)1992
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