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Brown v. State

81 S.W. 718, 46 Tex. Crim. 572, 1904 Tex. Crim. App. LEXIS 191
CourtCourt of Criminal Appeals of Texas
DecidedJune 24, 1904
DocketNo. 2834.
StatusPublished
Cited by29 cases

This text of 81 S.W. 718 (Brown v. State) is published on Counsel Stack Legal Research, covering Court of Criminal 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, 81 S.W. 718, 46 Tex. Crim. 572, 1904 Tex. Crim. App. LEXIS 191 (Tex. 1904).

Opinion

DAVIDSON, Presiding Judge.

Conviction of cattle theft; four years in the penitentiary fixed as a penalty. The indictment is attacked because it begins, “In the name and the authority of the State of Texas,” the word “by” being omitted and “the” inserted, whereas the constitutional requirement is that it shall begin “In the name and by the authority of the State of Texas.” This objection is well taken. The question has been so often decided we deem it unnecessary to enter *573 into a further discussion of it. Saine v. State, 14 Texas Crim. App., 144; Jefferson v. State, 24 Texas Crim. App.. 535; Owens v. State, 25 Texas Crim. App., 552; Thompson v. State, 15 Texas Crim. App., 39; Thompson v. State, 15 Texas Crim. App., 168; Scroggins v. State, 36 Texas Crim. Rep., 117; White’s Ann. C. C. P., secs, 336, 345. We deem the other questions raised without merit. The judgment is reversed and the prosecution ordered dismissed.

Reversed and dismissed.

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Bluebook (online)
81 S.W. 718, 46 Tex. Crim. 572, 1904 Tex. Crim. App. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-texcrimapp-1904.