State v. Lutterloh
Texas Supreme Court
Appeal from Coryell. Tried below before A. J. Evans* Esq., agreed upon by the parties, the presiding judge having been of counsel. The defendant was indicted for an aggravated assault upon George W. Taylor. The body of the charge in the indictment, is set out in the opinion. A motion to quash the indictment was sustained, and the case dismissed; to which ruling and judgment, the district attorney excepted, and prayed an appeal to this court.
1Opinion of the CourtRoberts, J.
The exceptions taken to the indictment, are, that it is vague and uncertain, and that the facts stated therein do not constitute an offence. The body of the charge is as follows: “ In and upon one George W. Taylor, in the peace of “ God, and said State of Texas, then and there being, did make a “violent and aggravated assault, with a pistol; and did then “present the said pistol, at said George W. Taylor; and did “then and there shoot at said George W. Taylor, with intent to “kill; contrary to the form of the statute,” &c. This indictment laid the charge at a time antecedent to the adoption…
2Cases cited1 opinion
- Norton v. StateTexas Supreme Court · 1855
3Cited by4 opinions
- People v. SimmondsSuperior Court of The Virgin Islands · 2012
- Brown v. StateCourt of Appeals of Texas · 1877
- Hunt v. StateCourt of Appeals of Texas · 1879
- Milstead v. StateCourt of Appeals of Texas · 1885