State v. Perkins

Texas Supreme Court

Decided July 1, 1876

Texas Supreme Court · decided 1876-07-01

<p>Appeal from Freestone. Tried below before the Hon. J. B. Rector.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1876-07-01

How this case has been cited

Cited by 33 later decisions — most recently February 1988 · most notably Russell v. Industrial Transp. Co. (1924), Port Arthur Rice Milling Co. v. Beaumont Rice Mills (1912)

33 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Moore, Associate Justice.

¶1The indictment charges the defendant with receiving stolen goods.

¶2While it is unnecessary, in an indictment for this offense, to name the original thief by whom, the goods were stolen, or to allege the time and place of the original larceny, it is essential to state, if known, the name of the owner of the goods. (2 Bishop’s Cr. Prac., sec. 928.)

¶3The person from whom they were received must also be alleged in. the indictment. (The State v. Juro, 13 Ind., 338; The State v. Beaty, Phill., 52.)

¶4Li both of these essential particulars the indictment is defective. The exceptions to it were therefore properly sustained.

¶5The judgment is affirmed.

¶6Aeeirmed.