State v. Ivy

Citations

• 33 Tex. 646

Syllabus

<p>1. In an indictment for unlawful, use of an estray it was sufficient to describe the animal as “ one horse of the value of one hundred dollars, the property of some person whose name is to the grand jurors unknown, and which horse was then an estray.”</p> <p>2. When an indictment had become so mutilated as to be unintelligible, the district attorney had the right to substitute another in the manner prescribed by Article 2873, Paschal's Digest. It was error to refuse to allow such substitution, when application was duly made by the district attorney.</p> <p>3. An appeal being taken by the State from the quashal of an indictment for a misdemeanor, the district attorney moved that the defendant be required to enter into recognizance as required by Article 3187, Paschal’s Digest; but the court below overruled the motion, and no recognizance was taken. Held, that the district court erred in overruling the motion.</p>