25 Tex. 738
Decided July 1, 1860
Texas Supreme Court · decided 1860-07-01
Tried below before the Hon. A, W. O. Hicks. 9 The indictment was filed May 1, 1858, and charged that “Felix Wilburn, on the first day of March, in the year of our Lord eighteen hundred and fifty-eight, in the county of Shelby, did retail intoxicating liquors in quantities less than one quart, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.” The defendant was put on trial, plead not guilty, and a jury…
Decided 1860-07-01
¶1The objection to the indictment in this case is the same as that presented in the case of Hewitt v. The State, just decided. The mode of setting aside the indictment by the court below, without formal exceptions, may be irregular. But the indictment being clearly defective for the reasons just announced in the case of The State v. Hewitt, the judgment will be affirmed.
¶2Judgment affirmed.