Brock v. State

Court of Criminal Appeals of Texas

Brock v. State

233 S.W.2d 143, 155 Tex. Crim. 177, 1950 Tex. Crim. App. LEXIS 1793

Court of Criminal Appeals of Texas·Decided June 21, 1950·No. No. 24889·Published

Opinions

DAVIDSON, Judge.

This is a conviction for rape; the punishment, thirty years, in the penitentiary.

The indictment, as same appears in the transcript, does not conclude with the phrase, “against the peace and dignity of the State,” as required by the mandatory provisions of our Constitution (Art. V., Sec. 12). Such an indictment is fatally defective. See Note 5, Art. V., Sec. 12, Vernon’s Annotated Constitution of Texas.

The judgment is reversed and prosecution ordered dismissed.

Opinion approved by the court.

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DAVIDSON, Judge.

This is a conviction for rape; the punishment, thirty years, in the penitentiary.

The indictment, as same appears in the transcript, does not conclude with the phrase, “against the peace and dignity of the State,” as required by the mandatory provisions of our Constitution (Art. V., Sec. 12). Such an indictment is fatally defective. See Note 5, Art. V., Sec. 12, Vernon’s Annotated Constitution of Texas.

The judgment is reversed and prosecution ordered dismissed.

Opinion approved by the court.

Brock v. State, 233 S.W.2d 143, 155 Tex. Crim. 177, 1950 Tex. Crim. App. LEXIS 1793 (Tex. 1950).

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