Arrington v. State

Citations

• 13 Tex. Ct. App. 551
• 1883 Tex. Crim. App. LEXIS 47

Syllabus

<p>1. Practice—Case Stated.—The defendant was arrested under a warrant issued by a justice of the peace of De Witt county, founded upon a complaint charging him with a felony in Gonzales county, and the warrant was made returnable before the county judge of the latter county, but the examination of the case was had before a justice of the peace of Gonzales county. Held, that the justice of the peace of Gonzales county had jurisdiction of the case as an examining court.</p> <p>2. Same—Quiere whether in a motion to quash an appearance bond in a scire facias proceeding it is competent for a defendant to assail the complaint- under which he was arrested, as insufficient to charge an offense? But held that, whether or not such practice is competent, the complaint in this case is sufficient to charge the defendant with a felonious theft; and furthermore, the position is untenable because the complaint was not called in question before the examining court.</p> <p>3. Same.—Complaint is not required to set forth the offense with the same particularity that is required in an indictment or information.</p> <p>4. Theft of Cattle—'Variance—Case Stated.—The bond in this case describes the offense as “ theft of neat cattle,” and the complaint charges the defendant with stealing “one two-year-old steer and two yearlings.” Held, that theft of cattle is an offense against the laws of this State; that all cattle are “neat” cattle; that theft of a steer and yearlings is comprehended in the offense defined as theft of cattle; and hence there is no variance between the offense named in the bond and that named in the complaint; and held further, that the bond in this case is sufficient to name distinctly the offense of which the defendant was charged.</p> <p>5. Practice—Bail bond, taken and approved by a deputy sheriff while the examining court was in session, if it appears that it was so taken and approved by order of the magistrate, and with his knowledge, sanction and approval, is as v