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34 Tex. 675

State v. Dunham

Texas Supreme Court

Decided July 1, 1871

Texas Supreme Court · decided 1871-07-01

Tried below before the Hon. W. H. Burkhart. The indictment alleged that the defendant traded off the animal “to Morgan Judd and Williams.” One ground of the motion to -quash was that the names of these persons were not stated with sufficient particularity. The other ground was that the offense was not charged in plain and intelligible words. The motion being sustained the State appealed.

Decided 1871-07-01

■Oseen, J.

¶1The defendant below was indicted for willfully taking up and trading off, to Morgan Judd and Williams, one «stray bay gelding, of a particular brand and value. Possibly the indictment would have been less objectionable, had it followed more -closely the language of the statute; but we think it sufficiently definite in charging the offense prohibited by the statute, and that the court erred in sustaining a motion to quash. The judgmerq is reversed and the cause remanded.

¶2Reversed and remanded.

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