7 Tex. 74
Decided July 1, 1851
Texas Supreme Court · decided 1851-07-01
<p>An indictment which does not conclude, “against the peace and dignity of the State,” (Hart, Dig., p. 62, see. 9,) should be quashed, on motion. (Note 13.)</p> <p>Note 13. — The State v. Sims, 43 T., 521.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1851-07-01
Cited by 5 later decisions — most recently June 1980
5 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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¶1It will suffice for the disposition of this case to observe, that it is a positive requirement of the Constitution that the indictment conclude, “against the peace and dignity of the State.” (Hart. Dig., p. 62, sec. 9.)- lb is scarcely necessary to say that the courts have no authority to dispense with, that which the Constitution requires. .
¶2The court did not err in its judgment quashing the indictment, and it is affirmed.
¶3Judgment affirmed.