Dodd v. State

Citations

• 10 Tex. Ct. App. 370

Syllabus

<p>.1. Practice—Indictment.— Objections to an indictment based upon erasures or interlineations can be reached under our Code only by exceptions to the form. Such exceptions should be framed for the want of any of the requisites or forms prescribed by article 420 of the Code of Criminal Procedure, subdivisions 2 and 8.</p> <p>2. Same.—-If the interlineations were made after the indictment was presented by the grand jury, it would appear that such indictment was not presented in the District Court by, and was not in fact the act of a grand jury, and such exceptions could be taken only under the subdivisions quoted. But if by reason of interlineations and erasures admitted to have been made by the grand jury the objection could be maintained that the offense was not set forth in plain and intelligible language, such exception could also be reached under subdivision 7 of article 420.</p> <p>8. Same.—The Code of this State allows no such plea to an indictment as a plea in abatement. See the opinion in extenso for a discussion of pleas to indictments.</p> <p>4. Same.—The court and not the jury is to decide what are the words of an indictment or other pleading. If there is doubt which of two words is meant, the sensible rendering will be accepted. Bad handwriting, if legible, is not ground of legal objection. Erasures and interlineations will not necessarily render the pleading bad.</p> <p>5. Same.—Burden of Proof is on the-defendant to show by irresistible proof that the erasures and interlineations were not the act of the grand jury.</p> <p>6. Indictment—Possession and Ownership—Case Stated.—It was urged below that the indictment was fatally defective in that it alleged the possession of the animal stolen in one person, viz.: 1 ‘ Richard Godfrey M. D. Chastain,” and at the same time avers that it was “the property of said Godfrey and M. D. Chastain without the consent of the owner or either of them.” The position that the omission of the conjunctive “ and ” between “ Ri