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Pierce v. State

3 S.W. 111, 21 Tex. Ct. App. 669, 1886 Tex. Crim. App. LEXIS 208
Procedural entryThis page is a short order in Pierce v. State. Read the opinion of the Court — 21 Tex. Ct. App. 540 →
Court of Appeals of Texas·Decided June 25, 1886·No. No. 3885·Published

Opinion

Hurt, Judge.

This appeal is from a conviction for murder of the the first degree.

The indictment charges that “Dave Pierce did, with malice aforethought, murder Wade Patterson by shooting him, the said Patterson, with a gun.” This court, in the case of Strickland v. The State, 19 Texas Court of Appeals, 518, held a similar indictment fatally defective because it did not directly charge that the accused “killed” the deceased. That decision is conclusive of-this case.

Because the indictment is insufficient to support a conviction for murder, the judgment is reversed and the prosecution dismissed.

Reversed and dismissed.

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Pierce v. State, 3 S.W. 111, 21 Tex. Ct. App. 669, 1886 Tex. Crim. App. LEXIS 208 (Tex. Ct. App. 1886).

3 S.W. 111 (Pierce v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.