Barnes v. State
| Decision Date | 28 November 1900 |
| Parties | BARNES v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Nacogdoches county; Tom C. Davis, Judge.
Will Barnes was convicted of assault with intent to kill, and appeals. Reversed.
Brewer & Windham, for appellant. Robt. A. John, Asst. Atty. Gen., for the State.
Omitting formal portions, the indictment reads as follows: "Will Barnes on or about the ____ day of ____, A. D. 1900, and anterior to the presentation of this indictment, in the county of Nacogdoches and state of Texas, did then and there, unlawfully and of his malice aforethought, in and upon W. C. Scott an assault make, with intent to murder the said W. C. Scott, against the peace and dignity of the state." Motion in arrest of judgment was made, (1) upon the failure of the indictment to set out a particular date upon which the offense was committed; and (2) that it failed to allege that appellant did commit the assault. With reference to the last proposition the indictment is sufficient. However, the first ground of the motion is well taken. It is necessary, in charging an offense, to set out some particular date when the offense was committed. Such is the unbroken line of authorities since the case of State v. Eubanks, 41 Tex. 291. The judgment is reversed, and the prosecution ordered dismissed.
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Ex parte Herrera, 66218
...that the offense was committed on an impossible date. See Ex parte Millard, 587 S.W.2d 703 (Tex.Cr.App.1979), and Barnes v. State, 42 Tex.Cr.R. 297, 59 S.W. 882 (1900). It is impossible that appellant could have committed the offense in "19 8 The relief sought is granted. The applicant is o......