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35 Tex. 503

State v. Jennings

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon. Hardin Hart. After conviction on their plea of not guilty, the defendants moved in arrest of judgment, on the ground indicated in the head-note. The motion was sustained, and the State appealed.

Decided 1872-07-01

Walker, J.

¶1The decision of this case is referable to the case of Croft v. The State, 15 Texas 576, and the case of The State v. Killough, 32 Texas, 74, and cases decided at the present term.

¶2*507The indictment is almost, if not precisely, in the-words of the statute, Article 2155, Paschal’s Digest. But the indictment in this case would have been good at common law. (See Wharton’s American Criminal Law, 1281, et seq.; Train & Hurd’s Precedents, p. 44, and notes 2 and 3.)

¶3The judgment of the district court is reversed.

¶4Reversed.

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