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29 Tex. 501

State v. Schoolfield

Texas Supreme Court

Decided July 1, 1861

Texas Supreme Court · decided 1861-07-01

The case was tried before Hon. Peter W. Gray, one of the district judges.

Cited by 1 later decisions — most recently October 1916

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-07-01

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Bell, J.

¶1We are of opinion that the court below erred in considering the general exception which was taken to the indictment.

¶2The Code of Criminal Procedure provides what exceptions may be taken to indictments, dividing them into two classes, exceptions to the form and exceptions which go to the substance of the indictment.

¶3The Code does not contemplate that a general demurrer *503to an indictment, or a general exception which does not notify the court whether the defect of the indictment is one of form or one of substance, shall be heard by the court.

¶4The Code of Criminal Procedure has laid down a set of rules on this subject which are simple, and which, if observed in practice, would enable the courts in a short time to reduce criminal pleadings, or the pleadings and practice in criminal cases, to an intelligible system.

¶5The indictment before us may be deféetive, but we are of opinion that no defect was pointed out in such manner as to authorize the court to consider it.

¶6The judgment of the court below is reversed, and the cause

¶7Remanded.

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