Opinion

Revill v. State

1919 Tex. Crim. App. LEXIS 471 · Court of Criminal Appeals of Texas · Dec 10, 1919

Full text

Henry Revill v. the State

Opinions in this case

The appellant is charged by indictment with the offense of burglary. The indictment fails to conclude with the words: "against the peace and dignity of the State," and contains no equivalent declaration. The Constitution, Art. 5, Sec. 12, contains the following: "All prosecutions shall be carried on in the name and by the authority of the State of Texas, and shall conclude `against the peace and dignity of the State.'" This is an imperative command, and the failure to observe it renders the indictment void. Bird v. State, 37 Tex. Crim. 408; Harris' Constitution, p. 430. The insufficiency of the indictment requires that the judgment be reversed, and the cause ordered dismissed. Dismissed. ON REHEARING. January 14, 1920.

Judges

Davidson, Lattimore, Morrow

Cluster ID

4158858

Citations

1919 Tex. Crim. App. LEXIS 471
87 Tex. Crim. 1
218 S.W. 1044

Cited by

Ferguson v. State
Court of Criminal Appeals of Texas · Mar 7, 1934
Franklin v. State
Court of Criminal Appeals of Texas · Nov 13, 1931
Crosby v. State
Court of Criminal Appeals of Texas · Oct 5, 1927
De Pombo v. State
Court of Criminal Appeals of Texas · Nov 25, 1925
Green v. State
Court of Criminal Appeals of Texas · Mar 11, 1925
Hutto v. State
Court of Criminal Appeals of Texas · Oct 8, 1924
Pabst v. State
Court of Criminal Appeals of Texas · Mar 5, 1924
Rumfield v. State
Court of Criminal Appeals of Texas · Mar 5, 1924
Bennett v. State
Court of Criminal Appeals of Texas · Jun 27, 1923
Wells v. State
Court of Criminal Appeals of Texas · Mar 14, 1923
Golden v. State
Court of Criminal Appeals of Texas · Nov 8, 1922
Wray v. State
Court of Criminal Appeals of Texas · May 25, 1921

Parentheticals

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