Court of Criminal Appeals of Texas, 1926

Childress v. State

Childress v. State
Court of Criminal Appeals of Texas · Decided February 10, 1926 · Berry
280 S.W. 215; 103 Tex. Crim. 152; 1926 Tex. Crim. App. LEXIS 131 (South Western Reporter)

Childress v. State

Opinion of the Court

BERRY, Judge.

The offense is libel, the punishment is a fine of $250.00.

*153 This is a companion case to that of J. B. Poole, No. 9158, decided February 3, 1926. The indictment is in the same language as that condemned in the Poole case. On the authority of that case and the cases therein cited, we hold that the trial court erred in refusing to sustain the appellant’s motion to quash the indictment and for this reason the judgment of conviction is reversed and the prosecution is ordered dismissed.

Released and dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.