Owens v. State

Citations

• 25 Tex. Ct. App. 552
• 8 S.W. 658
• 1888 Tex. Crim. App. LEXIS 99

Syllabus

<p>1. Practice — Indictment—A Plea in Abatement, technically considered, is unknown to our criminal system. Independent of the two grounds enumerated in article 523 of the Code of Criminal Procedure, jeopardy and want of jurisdiction are the only grounds upon which an indictment, after its presentment, can be set aside.</p> <p>2. Same—Grand Jury.—The exemption from jury service of justices of the peace and deputy sheriffs, they being civil officers, is a personal privilege to be claimed or waived by them only. Such officials are not disqualified by the articles of the code defining the qualifications of grand jurors, nor by that enumerating the grounds upon which the array of the grand jury may be challenged.</p> <p>3. Same — Indictment.—An unnecessary written caption constitutes no part of an indictment, nor do mottoes or business cards, though unnecessary and unseemly, impair its validity. See this case in illustration.</p> <p>4. Malicious Mischief—Intent—Fact Case.—See the statement of the case for evidence held insufficient to support a conviction for malicious mischief, because insufficient to establish the intent alleged.</p>