Haun v. State

Citations

• 13 Tex. Ct. App. 383
• 1883 Tex. Crim. App. LEXIS 20

Syllabus

<p>1. Indictment—Constitutional Law.—That an indictment shall conclude with the words: “Against the peace and dignity of the State,” is a requirement of the Constitution which can not be disregarded by the courts. Such words are matter of substance as well as form, and must be ' so construed.</p> <p>2. Same—Case Stated.—The indictment in this case concluded: “Against the peace and dignity of the State, this the third day of November, 1882.” Held, that exception that the indictment did not conclude as required by law should have been sustained'.</p> <p>3. Same—Cases Distinguished and Approved.—This case distinguished from Thomas v. The State, 8 Texas Ct. App., 344; and The State v. Pratt, 44 Texas, 93, cited and approved.</p> <p>4. Practice—Evidence.—In order to authorize secondary evidence of a lost instrument, some evidence, though slight, must be given to show that the instrument once existed; and it must be shown that a tona fide and diligent search has been made for it in the place where it should most likely be found, if the nature of the case admits of such proof.</p> <p>5. Same—Diligence.—What degree of diligence in the search of the lost instrument must be shown depends upon the peculiar circumstances of the particular case, but as a general rule the party is required to show that he has, in good faith, exhausted in a reasonable degree all the sources of information and means of discovery which the nature of the ease would naturally suggest, and which were accessible.</p> <p>6. Same.—The question whether or not a proper basis for such proof has been laid is addressed to the discretion of the trial judge, which this court will not revise except in a ease of manifest error. See a state of case wherein a reasonable presumption of the loss is held to have been established, but wherein a more diligent search should have been shown.</p> <p>7. Same—Poroert—Proof oe Iíardwritivq—Case Stated.—It was in proof that the signatures alleged to have been forged were not in