Hall Approved Free Access to American Case Law

State v. Jennings

Texas Supreme Court
State v. Jennings, 35 Tex. 503 (Tex. 1872)
Walker

State v. Jennings

Opinion of the Court

Walker, J.

The decision of this case is referable to the case of Croft v. The State, 15 Texas 576, and the case of The State v. Killough, 32 Texas, 74, and cases decided at the present term.

*507The indictment is almost, if not precisely, in the-words of the statute, Article 2155, Paschal’s Digest. But the indictment in this case would have been good at common law. (See Wharton’s American Criminal Law, 1281, et seq.; Train & Hurd’s Precedents, p. 44, and notes 2 and 3.)

The judgment of the district court is reversed.

Reversed.

Reference

Full Case Name
State v. H. Jennings and another
Cited By
2 cases
Status
Published
Syllabus
Indictment for assault with intent to murder, in averring the intent, simply charged it as “ with intent him the said F. to kill and murder.” Held, that this was sufficient under our statute, Article 2155, Paschal’s Digest, without using the words “of his malice aforethought” in this connection. The cases of The State v. Croft, 15 Texas, 575, and The State v. Killough, 32 Texas, 74, cited with approval.
↑