Legal Opinion

State v. Toney

Texas Supreme Court

Decided July 1, 1854PublishedCited by 3 opinions

Appeal from Bastrop. This was an indictment against Edward Toney Joseph Scott, late of Bastrop county, laborers, for permitting gambling in a house kept for the retailing of spirituous liquors. Edward Toney pleaded in abatement, that his real name is Edward Toney, and that he was never known or called Edward Toney Joseph Scott. The plea was sustained. The indictment quashed, and the State appealed.

1Opinion of the Court

Hemphill, Ch. J.

We are of opinion that there was no error in the judgment. If Edward Toney Joseph Scott be in fact two persons, it should have appeared with such certainty on the face of the indictment as not to be mistaken. We may infer that more than one person was intended from the addi*75tion “ laborers” being in the plural number, and from their being described as “ possessors and occupiers of a house,” &c. But this should have been made certain, and not left to inference. If Edward Toney Joseph Scott be two persons, there is no certainty upon the indictment as to their names. They might be…

2Cited by3 opinions

  1. Scroggins v. StateCourt of Criminal Appeals of Texas · 1896
  2. Dodd v. StateCourt of Appeals of Texas · 1881
  3. Plumley v. StateCourt of Appeals of Texas · 1880

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