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35 Tex. 348

State v. Hill

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon. L. H. Cooper. The opinion states the case. Another case for a breach of the peace was brought up by the State upon the same error, and is reversed in almost identical terms, and is therefore not reported. It was the case-of The State v. Tom Murchison.

Decided 1872-07-01

Ogden, J.

¶1The indictment in this case charged that the defendant, on or about the eighteenth day of October, in the year of our Lord one thousand eight hundred and seventy, an assault did make, etc. We think the time of the commission of the offense is charged as specifically and as definitely as the statute requires.

¶2This question was carefully considered and definitely settled at the last term of this court, in the case of The State v. Elliott. The court therefore erred in sustaining-the motion to quash, for that reason. The judgment is therefore reversed, and the cause remanded.

¶3Reversed and remanded.

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