Saine v. State

Court of Appeals of Texas

Saine v. State

14 Tex. Ct. App. 144, 1883 Tex. Crim. App. LEXIS 139

CourtCourt of Appeals of Texas

DecidedMay 5, 1883

DocketNo. 2533

StatusPublished

This text of 14 Tex. Ct. App. 144 (Saine v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Saine v. State, 14 Tex. Ct. App. 144, 1883 Tex. Crim. App. LEXIS 139 (Tex. Ct. App. 1883).

Pincite

Opinion

Willson, Judge.

There is but one question in this case, and that is as to the sufficiency of the information. Its commencement is as follows: “In the name and by the authority of the State,” omitting the words “ of Texas.” Section 12, Article V, of the Constitution requires that “All prosecutions shall be carried on in the name and by the authority of ‘ The State of Texas.’” In prescribing the requisites of an information, Article 430 of the Code of Criminal Procedure requires that “It shall commence ‘ In the name and by the authority of the State of Texas.’ ”

We have been unable to find any case in which this precise question has been adjudicated in this State. There are several decisions holding that the conclusion of an indictment in the words required by the Constitution and the law, viz., “Against the peace and dignity of the State,” cannot be dispensed with, and that any different conclusion renders the indictment defective in matter of substance, and cannot be amended. (The State v. Durst, 7 Texas, 74; The State v. Sims, 43 Texas, 521; Holden v. The State, 1 Texas Ct. App., 255; Cox v. The State, 8 Texas Ct. App., 254.) We can perceive no reason why these decisions should not apply also to the commencement of an indictment or information, and believing that they do, we hold the information in this case to be fatally defective; wherefore the judgment is reversed and the pros ecution is dismissed.

Reversed and dismissed.

Opinion delivered May 5, 1883.

Free access — add to your briefcase to read the full text and ask questions with AI

Willson, Judge.

There is but one question in this case, and that is as to the sufficiency of the information. Its commencement is as follows: “In the name and by the authority of the State,” omitting the words “ of Texas.” Section 12, Article V, of the Constitution requires that “All prosecutions shall be carried on in the name and by the authority of ‘ The State of Texas.’” In prescribing the requisites of an information, Article 430 of the Code of Criminal Procedure requires that “It shall commence ‘ In the name and by the authority of the State of Texas.’ ”

We have been unable to find any case in which this precise question has been adjudicated in this State. There are several decisions holding that the conclusion of an indictment in the words required by the Constitution and the law, viz., “Against the peace and dignity of the State,” cannot be dispensed with, and that any different conclusion renders the indictment defective in matter of substance, and cannot be amended. (The State v. Durst, 7 Texas, 74; The State v. Sims, 43 Texas, 521; Holden v. The State, 1 Texas Ct. App., 255; Cox v. The State, 8 Texas Ct. App., 254.) We can perceive no reason why these decisions should not apply also to the commencement of an indictment or information, and believing that they do, we hold the information in this case to be fatally defective; wherefore the judgment is reversed and the pros ecution is dismissed.

Reversed and dismissed.

Opinion delivered May 5, 1883.

Cite This Page — Counsel Stack

Bluebook (online)

14 Tex. Ct. App. 144, 1883 Tex. Crim. App. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saine-v-state-texapp-1883.

Opinion

Related

Cite This Page — Counsel Stack