Holden v. State
Court of Appeals of Texas
Appeal from the District Court of Clay. Tried below before the Hon. J. M. Lindsay. The indictment was found in the district court of Clay county on the 7th of August, 1874, and charged the appellant with having murdered one F. Jacoby,- in the county of Wilbarger, on the 8th of May, 1874. At the April term, 1875, the accused filed exceptions to the indictment, specifying among them that it was presented in a court having no jurisdiction of the offense ; that it was not the…
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Appeal from the District Court of Clay. Tried below before the Hon. J. M. Lindsay. The indictment was found in the district court of Clay county on the 7th of August, 1874, and charged the appellant with having murdered one F. Jacoby,- in the county of Wilbarger, on the 8th of May, 1874. At the April term, 1875, the accused filed exceptions to the indictment, specifying among them that it was presented in a court having no jurisdiction of the offense ; that it was not the act of the grand jury of the proper county; and that the place where the indictment charged the offense to have been…
1Opinion of the CourtWinkler, J.
This proceeding was had under the state Constitution of 1869, which required all prosecutions to be *234carried on in the name and by the authority of the state of Texas, and to conclude “ against the peace and dignity of the state.” Art. 5, sec. 15. The former Constitution of 1845, which was in force at the date of the adoption of the Code of Criminal Procedure, contains the same provision. The Code of Criminal Procedure, Article 395, defining the-requisites of an indictment, says, in the 8th subdivison of the Article, “the indictment must conclude ‘against the-peace and dignity of the state.’ ”…
2Cases cited9 opinions
- Tadlock v. EcclesTexas Supreme Court · 1858
- McCoy v. StateTexas Supreme Court · 1860
- Daviess v. FairbairnSupreme Court of the United States · 1845
- Hudson v. StateTexas Supreme Court · 1874
- Sutton v. StateTexas Supreme Court · 1874
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3Cited by1 opinion
- Merrill v. RobertsTexas Supreme Court · 1885