Brown v. State
| Decision Date | 24 June 1904 |
| Citation | 81 S.W. 718 |
| Parties | BROWN v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, San Jacinto County; L. B. Hightower, Judge.
Bob Brown was convicted of cattle theft, and he appeals. Reversed.
P. R. Rowe, for appellant. Howard Martin, Asst. Atty. Gen., for the State.
Conviction of cattle theft. Four years in the penitentiary fixed as a penalty. The indictment is attacked because it begins, "In the name and the authority of the state of Texas"—the word "by" being omitted and "the" inserted—whereas the constitutional requirement is that it shall begin, "In the name and by authority of the state of Texas." This objection is well taken. The question has been so often decided, we deem it unnecessary to enter into a further discussion of it. Saine v. State, 14 Tex. App. 144; Jefferson v. State, 24 Tex. App. 535, 7 S. W. 244; Owens v. State, 25 Tex. App. 552, 8 S. W. 658; Thompson v. State, 15 Tex. App. 39; Thompson v. State, 15 Tex. App. 168; Scroggins v. State, 36 Tex. Cr. R. 117, 35 S. W. 968; White's Ann. Code Cr. Proc. §§ 336, 345.
We deem the other questions raised without merit.
The judgment is reversed, and the prosecution ordered dismissed.
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