Childress v. State

Court of Criminal Appeals of Texas

Childress v. State

280 S.W. 215, 103 Tex. Crim. 152, 1926 Tex. Crim. App. LEXIS 131

Procedural entryThis page is a short order in Childress v. State. Read the opinion of the Court — 107 Tex. Crim. 10 →

Court of Criminal Appeals of Texas·Decided February 10, 1926·No. No. 9157.·Published

Opinion

BERRY, Judge.

The offense is libel, the punishment is a fine of $250.00.

*153 This is a companion case to that of J. B. Poole, No. 9158, decided February 3, 1926. The indictment is in the same language as that condemned in the Poole case. On the authority of that case and the cases therein cited, we hold that the trial court erred in refusing to sustain the appellant’s motion to quash the indictment and for this reason the judgment of conviction is reversed and the prosecution is ordered dismissed.

Released and dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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BERRY, Judge.

The offense is libel, the punishment is a fine of $250.00.

*153 This is a companion case to that of J. B. Poole, No. 9158, decided February 3, 1926. The indictment is in the same language as that condemned in the Poole case. On the authority of that case and the cases therein cited, we hold that the trial court erred in refusing to sustain the appellant’s motion to quash the indictment and for this reason the judgment of conviction is reversed and the prosecution is ordered dismissed.

Released and dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Childress v. State, 280 S.W. 215, 103 Tex. Crim. 152, 1926 Tex. Crim. App. LEXIS 131 (Tex. 1926).

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