J. H. Brown v. State

Citations

• 16 Tex. Ct. App. 245
• 1884 Tex. Crim. App. LEXIS 98

Syllabus

<p>1. Defacing Public Buildings—Indictment — Construction of a Term.—The indictment in this case charges as follows: “That J. H. Brown & C. C. Brown, J. A. True & J. H. True, late of the county of Young, on the fifteenth day of January, in the year of Our Lord one thousand eight hundred and eighty-three, with force and arms, in the county of Young, and State of Texas, did then and there wilfully injure and deface the school house known as the Flat Rock school house, said house being then and there a public school house, and was then and there held by said Young county as a public school house; against the peace and dignity of the State.” Held, that the sign “&,”as used between the two words “Brown,” and the two words “True,” is synonymous with the conjunctive word “and,” and sufficient to the validity of an indictment, though the use of the written word “and” is the better : practice.</p> <p>2. Same.—“Public Buildings,” as used in Article 417 of the Penal Code, are declared by Article 418 of the same Code to mean the “Capitol, and all other buildings in the Capitol grounds, at the seat of government, including the General Land Office and the Executive Mansion, the various State Asylums, and all buildings belonging to either; all college or university buildings erected by the State; all court houses and jails, and all other buildings held for public use by any department or branch of government, State, county or municipal; and the specific enumeration of the above shall not exclude other buildings not named, properly coming within the meaning and description ot a public building.” Held, that the indictment in this case is insufficient, inasmuch as where it is attempted to charge the injury or defacement of any other public building than those specifically enumerated in said Article 418 of the Penal Code, the indictment must allege that such building was a “public building,” and was “ held for public use.” A private building might be a “ public school house,” and not