Sparks v. State

Texas Supreme Court July 1, 1872

Sparks v. State, 35 Tex. 349 (Tex. 1872)

Ogden

Opinion of the Court

Ogden, J.

The indictment in this case is for the theft of four beef steers, from the the possession of one *354J. P. Cox, “without Ms consent, intent to deprive him, the owner, of the value of the same, and to appropriate the to the use Mmself, the said George Sparks.” TMs unmeaning accumulation of words was probably the result of clerical errors in the drafting of the original indictment; but we are surprised that a district judge should permit a trial and conviction in his •court, upon an indictment so faulty and full of nonsense. The judgment is reversed and the cause is dismissed.

Reversed and dismissed.

Reference

Full Case Name: G. F. Sparks v. State
Cited By: 2 cases
Status: Published
Syllabus: Indictment charged defendant with the theft of four beef steers from the-possession of one 0., proceeding with the following jargon,—“without his consent, intent to deprive him, the owner, of the value of the same, and to appropriate the to the use himself, the said George Sparks.” Held, a nonsensical accumulation of words; and this court expresses surprise that a trial and conviction should have been permitted upon such an indictment.