The indictment in this case charged appellant and one Sam Swan and one W. E. T. Ogletree jointly with breaking into the county jail of Sabine County, on the 25th of March, 1885, with intent and for the purpose of effecting the rescue and escape of Fred Connor, William Con-nor, Willis Connor, and John Connor, who were confined therein on a charge of murder, and of which the said Fred Connor had already been tried and convicted.
Cited by 6 later decisions — most recently January 1929
4 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
Appellant, Sam Swan, and W. E. T. Ogletree were jointly indicted for breaking into the county jail of Sabine County, for the purpose of liberating several prisoners therein confined.
¶2*359
Appellant was tried and convicted; hence this appeal. Motion to quash the indictment was made, because it did not allege that appellant and his codefendants “ acted together
” in the
commission of the said
offense; and
further, that it omitted to charge the breaking to have been done “ willfully” and by “ force.”
¶3
The terms “willfully” and “force” do not occur in the statute defining this offense. Penal Code, art. 212. It was not necessary to insert either term in the indictment.
¶4
Indictments charging two or more persons with the same offense are sufficient, in that respect, without averring they “acted together.” Such allegation, when made, is surplusage. Watson v. The State, 28 Texas Cr. App., 34; Finney v. The State, 29 Texas Cr. App., 184.
¶5
The plea of defendant setting up the disqualification of the special judge is not supported by testimony nor shown to be true, wherefore the court did not err in overruling it. The record contains neither a statement of facts nor a bill of exceptions. We find no error in the record, and the judgment is affirmed.
