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30 Tex. 431

Shelton v. State

Texas Supreme Court

Decided October 15, 1867

Texas Supreme Court · decided 1867-10-15

The case was tried before Hon. Bobert W. Scott, one of the district judges. The indictment followed the language of the statute. The defendant plead guilty, but afterwards appealed.

Cited by 1 later decisions — most recently June 1918

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1867-10-15

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Lindsay, J.

¶1We can see no defect in the indictment in this case. If any two or more persons shall fight together in a public place, by our statute, it constitutes an affray, or an offense, for which they are punishable by fine. The indictment charges that the appellant did so fight with one Coots in a public place. That simple allegation is sufficient to meet the requirement of the statute. It is true, the statute does define what is intended to be a public place within the meaning of the law. But this is altogether a matter of evidence, and the state must - show in sustaining the charge that the fighting was in a public place. The appellant, in pleading guilty, furnished the proof to the state in this case.

¶2This court will not, therefore, disturb the judgment and verdict of the court below.. It is

¶3Aeeirmed.

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