Lewellen v. State
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. Thomas H. DuVal. Indictment as follows : That John S. Lewellen and one M. Kee, whose Christian name is unknown to the Grand Jurors, late of Fayette county aforesaid, Yeoman, with force and arms in the county aforesaid, on the first day of August, A. D., one thousand eight hundred and fifty-four, did then and there bet money upon the result of an election ordered and held in Fayette county, according to law, for the election of…
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Appeal from Fayette. Tried below before the Hon. Thomas H. DuVal. Indictment as follows : That John S. Lewellen and one M. Kee, whose Christian name is unknown to the Grand Jurors, late of Fayette county aforesaid, Yeoman, with force and arms in the county aforesaid, on the first day of August, A. D., one thousand eight hundred and fifty-four, did then and there bet money upon the result of an election ordered and held in Fayette county, according to law, for the election of a Clerk of .the District Court of Fayette county in the State of Texas, contrary to the form of the Statute in such…
1Opinion of the CourtWheeler, J.
The indictment is insufficient in that it does not state the day on which the election was holden. In other respects it does not conform to precedent. If it was intended to charge the defendants with having made a wager together, it would seem it should have been so averred ; if with having jointly made a wager with some other person, it should have been stated with whom; or if with some one to the jurors unkno wn, it should have been so charged. (Precedents of Indts. by Wharton.) The facts constituting the offence ought to be *540stated with such certainty as to apprise the accused of the…
2Cited by18 opinions
- United States v. DietrichU.S. Circuit Court for the District of Nebraska · 1904
- State v. McAninchSupreme Court of Iowa · 1915
- The People v. RichieIllinois Supreme Court · 1925
- Parker v. StateTexas Supreme Court · 1862
- Cox v. StateSupreme Court of Alabama · 1884
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