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19 Tex. 128

State v. Washington

Texas Supreme Court

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Tried below before the Hon. William W. Morris. Indictment of Darling Washington and William Phillips for an affray. The charging part of the indictment is stated in the synopsis of this report. The defendants excepted and moved to quash, on the ground that it was not alleged that any fighting took place.

Decided 1857-07-01

Wheeler, J.

¶1The indictment is in accordance with precedent, English and American. (Precedents of Indictments, &c., by Wharton, p. 489.) It was so adjudged and approved by the unanimous opinion of the Supreme Court of the Repub*129lie, pronounced by Judge Ochiltree .in the case of Sadler v. The Republic, (Dallam, 610.) There was no occasion for the proposed amendment. The indictment was unquestionably good and sufficient.

¶2Judgment reversed and cause remanded.

¶3Reversed and remanded.

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