Stinson v. State

Citations

• 5 Tex. Ct. App. 31

Syllabus

<p>1. Juror’s Oath. ■—If the judgment recites that the jury “ were duly sworn,” this court will presume that the oath prescribed by the statute was the one administered.</p> <p>2. Information. — An information must, in every material allegation, follow and correspond with the affidavit. Neither bad spelling nor verbal or grammatical inaccuracies, which do not affect the sense, are fatal to an indictment or information.</p> <p>3. Practice. — The appellant contends that the court below erred in sustaining the validity of an affidavit which was filed on Sunday, citing Paschal’s Digest, art. 1424. Beld, that this article applies only to civil suits; and held, that, having failed to raise that question in the court below, it amounted to a waiver, and it is too late to raise it for the first time in this court.</p> <p>4. Affidavit. — An affidavit attached to an information that bears the file-mark of the court will itself be considered filed.</p>