State v. Hotchkiss
Texas Supreme Court
State v. Hotchkiss, 30 Tex. 162 (Tex. 1867)
Donley
State v. Hotchkiss
Opinion of the Court
The motion to quash the bond in this cause, because the defendant was not charged with any offense against the law, was improperly sustained. It was held in the case of Hodges v. The State, 20 Tex., 493, that “an assault with intent to kill is an offense for which the accused might be convicted of the assault, if not also of the intent to murder.” The recognizance in that case was held legally sufficient, as also in Wilson v. The State, Galveston T., 1860, [25 Tex., 169.]
The judgment is reversed, and the cause
Eemahded.
Reference
- Full Case Name
- State v. Atanacio Hotchkiss
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Where an indictment was for an assault “with intent to kill and murder,” and the bail-bond recited the offense as “an assault with intent to kill,” and was otherwise in form, it was error to quash the bond. (Paschal’s Dig., Art. 2731, Note 708.)