Flores v. State

Decided January 10, 1883

Court of Appeals of Texas · decided 1883-01-10

Tried below before the Hon. J. C. Bussell. The indictment was joint against both of the appellants, and charged the theft of a horse, the property óf Felix Valdez. They were separately tried, and each, upon conviction, was awarded a term of five years in the penitentiary. Neither -transcript contains a statement of facts.

Decided 1883-01-10

White, P. J.

¶1Both these cases were prosecutions for theft of a horse. Each indictment is in the language of the form prescribed in “The Common Sense Indictment Bill” (General Laws Seventeenth Legislature, chap. 57, p. 60).

¶2This particular form has been held to be fatally defective and unconstitutional. (Williams v. The State, 12 Texas Ct. App., 395.) Such being the case, the judgments rendered in the above styled causes will be reversed, and, because there is no valid indictments, these prosecutions must be dismissed.

¶3Reversed and dismissed.

¶4Opinion delivered January 10, 1883.