Clark v. State
24 S.W. 29, 32 Tex. Crim. 412, 1893 Tex. Crim. App. LEXIS 298
Opinion
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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Clark v. State, 24 S.W. 29, 32 Tex. Crim. 412, 1893 Tex. Crim. App. LEXIS 298 (Tex. 1893).
24 S.W. 29 (Clark v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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