Brown v. State

Court of Appeals of Texas

Brown v. State

13 Tex. Ct. App. 347, 1883 Tex. Crim. App. LEXIS 9

CourtCourt of Appeals of Texas

DecidedJanuary 20, 1883

DocketNo. 1380

StatusPublished

This text of 13 Tex. Ct. App. 347 (Brown v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. State, 13 Tex. Ct. App. 347, 1883 Tex. Crim. App. LEXIS 9 (Tex. Ct. App. 1883).

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Opinion

White, P. J.

In Williams v. The State, 12 Texas Ct. App., 395, and in repeated decisions since, it has been held that “the form for an indictment for theft prescribed by the Act of 1881, entitled ‘An Act to prescribe the forms of indictments in certain cases,’ charges no facts, acts, or omissions constituting the offense of theft, and is therefore repugnant to the Constitution of this State.”

This form is followed in the indictment before us; and under it appellant was tried and convicted for theft of two hundred and fifty dollars in money. Defendant’s counsel moved the court to quash the indictment, but the motion was overruled. In this the court erred. Because the indictment is fatally defective and charges no offense against the law, the judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

Opinion rendered January 20, 1883.

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White, P. J.

In Williams v. The State, 12 Texas Ct. App., 395, and in repeated decisions since, it has been held that “the form for an indictment for theft prescribed by the Act of 1881, entitled ‘An Act to prescribe the forms of indictments in certain cases,’ charges no facts, acts, or omissions constituting the offense of theft, and is therefore repugnant to the Constitution of this State.”

This form is followed in the indictment before us; and under it appellant was tried and convicted for theft of two hundred and fifty dollars in money. Defendant’s counsel moved the court to quash the indictment, but the motion was overruled. In this the court erred. Because the indictment is fatally defective and charges no offense against the law, the judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

Opinion rendered January 20, 1883.

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Bluebook (online)

13 Tex. Ct. App. 347, 1883 Tex. Crim. App. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-texapp-1883.