Legal Opinion

Irvin v. State

Court of Appeals of Texas

Decided July 1, 1879Published

Appeal from the County Court of Johnson. Tried below before the Hon. W. J. Ewing, County Judge. All material facts appear in the opinion.

1Opinion of the CourtWhite, J.

In this case, as in the case of William Irvin, decided a few days ago, the original affidavit and information on file in the lower court have been sent up for inspection, in order that we might be better enabled to determine one of the grounds made in the motion to quash. It was not made so pointedly in the former case as we here find it in the third subdivision of the motion, in words following: “ Because the same fails to allege that the defendant did kill said swine, but instead of the word “kill,” the word “ Bill ” is used.

As was said by this court in Witten v. The State, 4 Texas Ct. App.…

2Cases cited2 opinions

  1. People v. BrothertonCalifornia Supreme Court · 1874
  2. Williams v. StateTexas Supreme Court · 1874

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