McFain v. State

Citations

• 41 Tex. 385

Syllabus

<p>1. Indictment—What a sufficient description of an offense.— An indictment sufficiently describes an offense by employing the language of the. statute, whenever the statute sets out in the definition of the offense the specific facts constituting it, and does not describe the same by the. use of generic terms.</p> <p>2. Indictment need not contain negative averments.—An indictment need not by averments negative the existence of facts which, under the statute, would relieve the act charged of criminality.</p> <p>3. Threat to kill, when not qualified.—A threat to kill another, unless the party threatened would do or leave undone something which the party threatening had no right to require, is, in its legal effect, an unqualified threat.</p>