Home/Texas Supreme Court/State v. Perkins

State v. Perkins

45 Tex. 10
CourtTexas Supreme Court
DecidedJuly 1, 1876
StatusPublished
Cited by14 cases

This text of 45 Tex. 10 (State v. Perkins) 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.

Bluebook
State v. Perkins, 45 Tex. 10 (Tex. 1876).

Opinion

Moore, Associate Justice.

The indictment charges the defendant with receiving stolen goods.

While it is unnecessary, in an indictment for this offense, to name the original thief by whom, the goods were stolen, or to allege the time and place of the original larceny, it is essential to state, if known, the name of the owner of the goods. (2 Bishop’s Cr. Prac., sec. 928.)

The person from whom they were received must also be alleged in. the indictment. (The State v. Juro, 13 Ind., 338; The State v. Beaty, Phill., 52.)

Li both of these essential particulars the indictment is defective. The exceptions to it were therefore properly sustained.

The judgment is affirmed.

Aeeirmed.

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

Related

Polk v. State
749 S.W.2d 813 (Court of Criminal Appeals of Texas, 1988)
Payne v. Stated
487 S.W.2d 71 (Court of Criminal Appeals of Texas, 1972)
Stanford v. State
127 S.W.2d 911 (Court of Criminal Appeals of Texas, 1939)
Wilson v. State
28 S.W.2d 804 (Court of Criminal Appeals of Texas, 1930)
Shipp v. State
209 S.W. 656 (Court of Criminal Appeals of Texas, 1919)
Wool v. State
201 S.W. 1002 (Court of Criminal Appeals of Texas, 1918)
Kahanek v. State
201 S.W. 994 (Court of Criminal Appeals of Texas, 1918)
State v. Robinson
145 P. 1057 (Oregon Supreme Court, 1915)
Zweig v. State
171 S.W. 747 (Court of Criminal Appeals of Texas, 1913)
Anderson v. State
38 Fla. 3 (Supreme Court of Florida, 1896)
Sault v. People
3 Colo. App. 502 (Colorado Court of Appeals, 1893)
Jesse Bros. v. State
3 S.W. 737 (Court of Appeals of Texas, 1886)

Cite This Page — Counsel Stack

Bluebook (online)
45 Tex. 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-perkins-tex-1876.