McJunkins v. State
| Decision Date | 03 February 1897 |
| Citation | 38 S.W. 994 |
| Parties | McJUNKINS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Navarro county court; M. L. Shelton, Judge.
Monroe McJunkins was convicted of theft, and appeals. Reversed.
J. W. Scott, for appellant. Mann Trice, for the State.
Appellant was convicted of the theft of two cords of wood, and appeals.
The complaint was filed in the county court on May 7, 1895, charging that the defendant committed said theft on the 1st day of September, 1894. The information was filed on August 21, 1895, charging that the theft was committed on the 1st day of September, 1895. There are two fatal defects: First, it is charged in the information that the offense was committed nine days after the information was filed, and several months after the complaint was filed; and, second, the complaint charges the offense to have been committed on September 1, 1894, and the information charges it to have been committed on September 1, 1895. This variance is fatal, and the information is fatally defective in alleging that the offense occurred subsequent to the filing thereof. The judgment is reversed, and prosecution ordered dismissed.
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Bishop v. State, s. 48364
...is barred by limitation.' He also cites and relies upon Elmore v. State, 126 Tex.Cr.R. 519, 73 S.W.2d 107 (1934); McJunkins v. State, 37 Tex.Cr.App. 117, 38 S.W. 994 (1897) and Robels v. State, 5 Tex.App. 346 We recognize that there is authority to support the appellant's contentions. 1 How......
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Terrell v. State
...584;State v. O'Donnell, 81 Me. 271, 17 Atl. 66;Markley v. State, 10 Mo. 291;State v. Smith, 88 Iowa, 178, 55 N. W. 198;McJunkins v. State, 37 Tex. Cr. R. 117, 38 S. W. 994;Dickson v. State, 20 Fla. 800;Serpentine v. State, 1 How. (Miss.) 256; Wharton, Crim. Law, § 274; Wharton on Homicide, ......
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Terrell v. State
... ... See, also, ... Commonwealth v. Doyle (1872), 110 Mass ... 103; State v. Sexton (1824), 10 N.C. 184, ... 14 Am. Dec. 584; State v. O'Donnell ... (1889), 81 Me. 271, 17 A. 66; Markley v ... State (1847), 10 Mo. 291; State v ... Smith (1893), 88 Iowa 178, 55 N.W. 198; ... McJunkins v. State (1897), 37 Tex. Crim ... 117, 38 S.W. 994; Dickson v. State (1884), ... 20 Fla. 800; Serpentine v. State (1835), 1 ... How. (Miss.) 256; Wharton, Crim. Law (7th ed.), § 274; ... Wharton, Homicide (2d ed.), § 788; 1 Chitty, Crim. Law, ... The ... Attorney-General, ... ...
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...16 Tex. App. 573; Huff v. State, 23 Tex. App. 291, 4 S. W. 890; Baumgartner v. State, 23 Tex. App. 335, 5 S. W. 113; McJunkins v. State, 37 Tex. Cr. R. 117, 38 S. W. 994; Jennings v. State, 30 Tex. App. 428, 18 S. W. In Cole v. State, 11 Tex. App. 67, Judge Winkler says of such variance: "T......