State v. McCracken

Chapter II. of Title XXI of the Penal Code adopted by the Legislature of Tekas, and approved on the 26th of August, 1856, was headed, “ Of threats to commit offenses,” and contained four Articles, numbers 784, 785, 786, and 787. The first of which, 784, defined the offense, and the others were dependent upon and explanatory of that one.

From some cause the leading article, 784, was entirely left out of Paschal’s Digest, without any explanation to show whether it was accidentally or designedly omitted.

For the purpose, either of restoring this omission, or of increasing the penalty, the…