Stanford v. State

• Decision Date: 21 January 1925
• Docket Number: (No. 8457.)
• Citation: 268 S.W. 161
• Parties: STANFORD v. STATE.
• Court: Texas Court of Criminal Appeals

268 S.W. 161

STANFORD v. STATE.

(No. 8457.)

Court of Criminal Appeals of Texas.

January 21, 1925.

Appeal from District Court, Potter County; Henry S. Bishop, Judge.

T. W. Stanford was convicted of "whitecapping," under Pen. Code 1911, art. 1189, and he appeals. Reversed, and prosecution dismissed.

J. W. Culwell and C. B. Reeder, both of Amarillo, for appellant.

Tom Garrard, State's Atty., and Grover C. Morris, Asst. State's Atty., both of Austin, for the State.

HAWKINS, J.

The conviction is for "whitecapping," under article 1189, P. C., with the punishment fixed at two years in the penitentiary.

The article in question reads:

"Any person who shall post any anonymous notice, or make any threats or signs, or skull and crossbones, or shall, by any other method, post any character or style of notice or threat to do personal violence or injury to property on or near the premises of another, or who shall cause the same to be sent with the intention of interfering in any way with the right of such person to occupy said premises, or to follow any legitimate occupation, calling, or profession, or with the intention of causing such person to abandon such premises, or precincts, or county, in which such person may reside, shall be deemed guilty of the offense of whitecapping, and, upon conviction therefor, shall be punished by confinement in the state penitentiary for any period of time not less than two years nor more than five years."

The indictment contained three counts. The second was dismissed by order of the court before proceeding to trial. The first and third were submitted to the jury and conviction was under the latter. Omitting formal parts it charges that appellant:

"* * * Did then and there, unlawfully make and post threats and signs by then and there posting what is commonly known as the regalia and robes of the Knights of the Ku Klux Klan, then and there consisting and being composed of a white robe and hood for the body and head of any person then wearing the same, to do personal violence to E. T. McDonald with the intention of causing the said E. T. McDonald to abandon the said county of Potter, in the state of Texas, in which said county and state the said E. T. McDonald then and there resided. * * *"

A motion to quash addressed to the indictment generally was overruled. After conviction a motion in arrest of judgment attacking specially said third count was presented but not sustained. The substance of both motions is that the allegations are too vague, uncertain, and indefinite to charge and do not charge an offense under the statute.

We have been favored with no brief either for the state or appellant. The only case in which the statute in question has been construed coming to our notice is Dunn v. State, 43 Tex. Cr. R. 25, 63 S. W. 573, and the facts of that case are so dissimilar to those in the present instance as to give us little aid. The meaning of the word "post" in its usual acceptation is "to attach to a post, a wall, or other usual place of affixing public notices; to placard; as to post a notice; to post playbills; to advertise." Webster's International Dictionary. The statute would seem to provide: (a) That any person who posts any anonymous notice, or makes any threats or signs to do personal violence to another with intent to cause the latter to abandon his residence, etc.; (b) or who by any other method posts any character or style of notice or threat to do...