Bigby v. State

Citations

• 5 Tex. Ct. App. 101

Syllabus

<p>1. Indictment. — It is sufficient if the indictment pursues the language of the statute, if by so doing the act in the commission of which the offence consists is fully, directly, and expressly alleged, without uncertainty or ambiguity.</p> <p>2. Evidence. — If the guilt of a defendant indicted for a misdemeanor is made out by proper evidence, in such a way as to leave no doubt in the mind of a reasonable man, a judgment of conviction will not be set aside because immaterial evidence was received.</p> <p>3. Charge on the Court.—While the failure of the court, in a trial for keeping a disorderly house, to define the meaning of the word “ prostitution,” in the charge to the jury, is not fatal to the judgment, still it were best had such definition been given.</p>