Clark v. State

Court of Criminal Appeals of Texas

Clark v. State

24 S.W. 29, 32 Tex. Crim. 412, 1893 Tex. Crim. App. LEXIS 298

CourtCourt of Criminal Appeals of Texas

DecidedNovember 4, 1893

DocketNo. 692.

StatusPublished

Cited by5 cases

This text of 24 S.W. 29 (Clark 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

Clark v. State, 24 S.W. 29, 32 Tex. Crim. 412, 1893 Tex. Crim. App. LEXIS 298 (Tex. 1893).

Pincite

Opinion

HURT, Presiding Judge.

Appellant was convicted of slander, and prosecutes this appeal.

The indictment is insufficient. The slander consists in stating that Fannie Mazingo is pregnant and will give birth to a child in a few days. It should have excluded the fact that she was lawfully or legitimately *413 pregnant. The record contains no plea for defendant. This is fatal to the judgment. Willson’s Crim. Proc., secs. 2577, 2110.

The judgment is reversed and the prosecution dismissed.

Reversed and dismissed.

Judges all present and concurring.

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