State v. Perkins
| Citation | 45 Tex. 10 |
| Parties | THE STATE v. GEORGE PERKINS. |
| Decision Date | 01 January 1876 |
| Court | Supreme Court of Texas |
OPINION TEXT STARTS HERE
APPEAL from Freestone. Tried below before the Hon. J. B. Rector.
George Clark, Attorney General, for the State.
The indictment charges the defendant with receiving stolen goods.
While it is unnecessary, in an indictment for this offense, to name the original thief by whom the goods were stolen, or to allege the time and place of the original larceny, it is essential to state, if known, the name of the owner of the goods. (2 Bishop's Cr. Prac., sec. 928.)
The person from whom they were received must also be alleged in the indictment. (The State v. Juro, 13 Ind., 338; The State v. Beaty, Phill., 52.)
In both of these essential particulars the indictment is defective. The exceptions to it were therefore properly sustained.
The judgment is affirmed.
AFFIRMED.
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Zweig v. State
...question in this state. When the Supreme Court had jurisdiction in criminal matters this question was before them in the case of State v. Perkins, 45 Tex. 10, and they held that it was unnecessary to allege "the time and place of the original taking," citing Bishop's Crim. Proc. § 928. And ......
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Wool v. State
...received should be stated in the pleading. If that is not possible, then the grand jurors may allege the name to be unknown. In State v. Perkins, 45 Tex. 10, Judge Moore, who delivered the opinion, uses this "The person from whom they were received must also be alleged in the indictment." Q......
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Payne v. State, 44459
...in indictments charging this offense, to name the person from whom the stolen property was received by the accused if known. State v. Perkins, 45 Tex. 10 (1876). And if not known, the indictment may so charge, but the burden will be on the state to prove the name was unknown and that the Gr......
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Wilson v. State, 13041.
...name of the thief need not be alleged, nor need the time or place of the theft be stated, nor the facts constituting such theft. State v. Perkins, 45 Tex. 10; Nourse v. State, 2 Tex. App. 304; Brothers v. State, 22 Tex. App. 447, 3 S. W. 737; Hodges v. State, 22 Tex. App. 415, 3 S. W. 739; ......