Loggins v. State

• Decision Date: 21 October 1893
• Citation: 24 S.W. 408
• Parties: LOGGINS v. STATE.
• Court: Texas Court of Criminal Appeals

24 S.W. 408

LOGGINS v. STATE.

Court of Criminal Appeals of Texas.

October 21, 1893.

Appeal from district court, Sabine county; S. W. Blount, Special Judge.

L. L. Loggins was convicted of breaking into a jail to liberate prisoners, and appeals. Affirmed.

R. L. Henry, Asst. Atty. Gen., for the State.

DAVIDSON, J.

Appellant, Sam Swan, and W. E. T. Ogletree were jointly indicted for breaking into the county jail of Sabine county, for the purpose of liberating several prisoners therein confined. Appellant was tried and convicted; hence this appeal. Motion to quash the indictment was made, because it did not allege that appellant and his codefendant "acted together" in the commission of said offense, and, further, that it omitted to charge the breaking to have been done "willfully" and by "force." The terms "willfully" and "force" do not occur in the statute defining the offense. Pen. Code, art. 212. It was not necessary to insert either term in the indictment.

Indictments charging two or more persons with the same offense are sufficient, in that respect, without averring they "acted together." Such allegation, when made, is surplusage. Watson v. State, 28 Tex. App. 34, 12 S. W. 404; Finney v. State, 29 Tex. App. 184, 15 S. W. 175.

The plea of defendant setting up the disqualification of the special judge is not supported by testimony, nor shown to be true; wherefore the court did not err in overruling it. The record contains neither a statement of the facts nor a bill of exceptions. We find no error in the record, and the judgment is affirmed.