State v. Sims
Cases that cite this one
9 later published cases cite this decision.
- Duron v. State (Tex. Crim. App. 1997)
- Brasfield v. State (Tex. Crim. App. 1980)
- Drake Jordan Finch v. State (Tex. App. 2015)
- Strauss v. State (Tex. Crim. App. 1915)
- Wade v. State (Tex. Crim. App. 1908)
- Hardin v. State (Ga. 1899)
- Hardin v. State (Ga. 1899)
- State v. Trolson (Nev. 1893)
- Holden v. State (Tex. App. 1876)
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
The indictment omitted the conclusion required by the constitution, to wit, “ against the peace and dignity of the State.” It was excepted to, and ivas set aside by the court, but not on that ground. That is not one of the exceptions to matters of substance specified in the Code of Criminal Procedure. In the case of The State v. Durst it is said, “the courts have no authority to dispense with that which the constitution
It is an objection to the indictment so obvious that if we were in doubt about sustaining it under our code it would be useless to send it back to be made in the court below.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.