Alexander v. State

Citations

• 29 Tex. 495

Syllabus

<p>Article 395 of the Code of Criminal Procedure declares, that an indictment must describe the offense in plain and intelligible words. (Paschal’s Dig., Art. 2863, div. 7.) This means, that the accused must be charged to have done some act which violates a law, and the particular facts must be set out with certainty.</p> <p>The certainty required in an indictment is such as will enable the accused to plead the judgment that might be given upon it in bar of any prosecution for the same offense. (Paschal’s Dig., Art. 2865, Note 722.)</p> <p>It is not sufficient to aver that the defendant did sell liquors in quantities less than a quart, without obtaining a license therefor; but it must be stated at whose house or establishment, or to whom the vending took place, or soma other fact tending to identify the transaction. (Paschal’s Dig., Art. 2075, Note 654.)</p>