State v. Hartman
This text of 41 Tex. 562 (State v. Hartman) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The indictment in this case was held defective, on motion to quash, because the indictment failed to charge that the assault and battery was unlawful, and because the indictment did not charge [563]*563that the offense was committed with intent to injure the party upon whom the assault and battery is alleged to have been made.
The indictment was not defective. (See The State v. Allen, 30 Tex., 60; The State v. Lutterloh, 22 Tex., 214, and State v. Hays, decided during this term.)
The court erred in sustaining defendant’s motion.
The judgment is reversed and the cause is remanded.
Reversed and remanded.
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Cite This Page — Counsel Stack
41 Tex. 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hartman-tex-1874.