Thompson v. State

Court of Appeals of Texas

Thompson v. State

15 Tex. Ct. App. 39, 1883 Tex. Crim. App. LEXIS 70

Procedural entryThis page is a short order in Thompson v. State. Read the opinion of the Court — 21 Tex. Ct. App. 141 →

Court of Appeals of Texas·Decided November 7, 1883·No. No. 1561·Published

Opinion

Willson, Judge.

We are of the opinion that the information is fatally defective in two respects.

1. It does not clearly show that the county attorney makes the charge against the defendant. It is in almost identically the same form as was the information in Prophit v. The State, 12 Texas Court of Appeals, 233, which was held to be insufficient.

2. It concludes, “against the peace and dignity of State,” omitting the word “the,” which should immediately precede the word “State.” Section 12, Article 5 of the Constitution requires that all prosecutions shall conclude “against the peace and dignity of the State,” and this requirement applies as well to an information as to an indictment. (Cox v. The State, 8 Texas Ct. App., 254; Haun v. The State, 13 Texas Ct. App., 383.)

In other respects we think the information sufficient. It alleges the necessary facts to constitute an aggravated assault. (Penal Code, Art., 489, sub. 3; Art. 496, sub. 8.)

Because of the two defects in the information above pointed out, the judgment is reversed and the prosecution dismissed.

Reversed and dismissed.

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

Willson, Judge.

We are of the opinion that the information is fatally defective in two respects.

1. It does not clearly show that the county attorney makes the charge against the defendant. It is in almost identically the same form as was the information in Prophit v. The State, 12 Texas Court of Appeals, 233, which was held to be insufficient.

2. It concludes, “against the peace and dignity of State,” omitting the word “the,” which should immediately precede the word “State.” Section 12, Article 5 of the Constitution requires that all prosecutions shall conclude “against the peace and dignity of the State,” and this requirement applies as well to an information as to an indictment. (Cox v. The State, 8 Texas Ct. App., 254; Haun v. The State, 13 Texas Ct. App., 383.)

In other respects we think the information sufficient. It alleges the necessary facts to constitute an aggravated assault. (Penal Code, Art., 489, sub. 3; Art. 496, sub. 8.)

Because of the two defects in the information above pointed out, the judgment is reversed and the prosecution dismissed.

Reversed and dismissed.

Thompson v. State, 15 Tex. Ct. App. 39, 1883 Tex. Crim. App. LEXIS 70 (Tex. Ct. App. 1883).

Pincite

15 Tex. Ct. App. 39 (Thompson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.