State v. Carabin
Texas Supreme Court
State v. Carabin, 33 Tex. 697 (Tex. 1871)
Ogden
State v. Carabin
Opinion of the Court
The indictment in this case charges, that A. L. Carabin did take up and use one bay horse of the value of one hundred dollars, which said horse was then and there an estray, without first complying with the law regulating estrays. We think the indictment is sufficiently specific as to the name of the defendant, the description of the horse, and the offense charged; and that the transcript shows that the indictment is a matter of record in the court below; and that the district court erred in
Reversed and remanded.
Reference
- Full Case Name
- State v. A. L. Carabin
- Status
- Published
- Syllabus
- 1. An indictment was sufficiently certain and specific which, stating time and place, alleged that the defendant, “one bay horse of the value of one hundred dollars, not of his own property, but of the property of some other persou, to the grand jurors unknown, which said bay horse was then and there an estray, did take up and use, without first complying with the laws regulating estrays, contrary to. the statute,” etc. 2. The defendant excepted to the indictment because it gave the initials only of his Christian name, without alleging that the name was unknown to the grand jurors. The exception itself did not state what-the Christian name was. Held, that it was error to sustain the exception and quash the indictment.