43 Tex. 93
Decided July 1, 1875
Texas Supreme Court · decided 1875-07-01
Tried below before the Hon. A. J. Hood. The indictment in this case charged that Elbert Billingsley and Samuel Davidson, in Johnson county, on the 8th of December, 1873, “ at the gin-house of William Billingsley, in said Johnson county, the said gin-house being then and there a public place, did then and there unlawfully and willingly fight together, contrary,” &c. On motion of the defendant, the court quashed the indictment, on the ground that it charged no offense known to…
Decided 1875-07-01
¶1The indictment in this case for an affray, though not in the usual form according to the precedents at common law, is strictly conformable to the definition of that offense in our Penal Code, and therefore no reason is perceived why it is not a good indictment. (Paschal’s Dig., art. 2011; 2 Whart. Prec., 847.)
¶2Reversed and remanded.
¶3Reversed and remanded.