McDonough v. State
Cases that cite this one
2 later published cases cite this decision.
- McLaren v. State (Tex. App. 1878)
- United States v. Sauer (District Court, W.D. Texas 1896)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is unnecessary to revise the action of the Court, refusing to entertain the motion in arrest of judgment. The writ of error has been prosecuted by other counsel, whose right is not questioned ; and as the objection taken in arrest of judgment goes to the foundation of the action, it is" equally available on error, as in arrest of judgment. On the merits, the case comes clearly within the principle of the cases of Daily v. The State, (4 Tex. 417,) The State v. Cotton, (6 Id. 425,) and Cotton v. The State, (7 Id. 547.) On the authority of those cases the judgment must be reversed and the case dismissed.
Reversed and dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.