Williams v. State
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. I. B. McFarland. June 25, 1874, the grand jury of Fayette county presented an indictment charging that Dick King, Ike Smith, Offer Alexander, Henry Williams, and Anderson Satterfield “ on the “ 10th day of December, 1873, with force and arms, in the “ County of Fayette, State of Texas, did then and there willful- “ ly, feloniously, and of their malice aforethought, together and “ with each other, by the aid and assistance each…
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Appeal from Fayette. Tried below before the Hon. I. B. McFarland. June 25, 1874, the grand jury of Fayette county presented an indictment charging that Dick King, Ike Smith, Offer Alexander, Henry Williams, and Anderson Satterfield “ on the “ 10th day of December, 1873, with force and arms, in the “ County of Fayette, State of Texas, did then and there willful- “ ly, feloniously, and of their malice aforethought, together and “ with each other, by the aid and assistance each of the other,” x x x “ifi and upon the body of one Deitrich Mueller * * “ * * make an assault. And that the said Dick…
1Opinion of the CourtMoose, J.
It has been repeatedly held that it is not necessary to allege in the indictment the facts relied upon to show the defendant to be a principal, although the offense with which he is charged may not have been actually committed by him. But if he is a principal offender by reason of the part performed b} him in the commission of the offense, he may be convicted under an indictment charging him directly with its actual commission. If, however, the pleader, instead of proceeding under a general indictment, prefers to do so under a special bill charging each of .the defendants with the particular…
2Cited by35 opinions
- Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Camron v. StateCourt of Criminal Appeals of Texas · 1893
- Standfield v. StateCourt of Criminal Appeals of Texas · 1919
- Watson v. StateCourt of Appeals of Texas · 1889
- Dillard v. StateCourt of Criminal Appeals of Texas · 1915
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