Castle v. State

Citations

• 23 Tex. Ct. App. 286
• 4 S.W. 892
• 1887 Tex. Crim. App. LEXIS 65

Syllabus

<p>Threats.—The offense defined by Article 813 of the Penal Code is the “knowingly sending or delivering of a threatening letter,” etc.; and the appellant in this case was prosecuted under that article. Held, that, the information charging that appellant knowingly did threaten to “take the life of Arizona 0. Benton, by sending her a threatening letter,” etc., it does not charge the offense defined by the statute under which the prosecution was had; wherefore the conviction can not stand. It is not knowingly threatening, but knowingly sending or delivering a threatening letter, which constitutes the offense defined in said Article.</p>