State v. Murrah
This text of 25 Tex. 758 (State v. Murrah) 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
We are of opinion that the court below erred in sustaining the exceptions to the indictment. The indictment alleges all that is necessary to be alleged in an indictment for an aggravated assault and battery. Article 488 of the Penal Code says that an assault or battery becomes aggravated when committed in a court of justice. This indictment charges that the assault was unlawfully and willfully committed “ in a court of justice then and there being in session.” We think this is sufficient. It is not necessary to allege that the court was lawfully in session, or to specify what court it was in. which the offence was committed, or that it was a court of any particular grade.
Reversed and remanded.
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Cite This Page — Counsel Stack
25 Tex. 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-murrah-tex-1860.