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· 7/1/1870

Tomkins v. State

Citations

  • 33 Tex. 228

Syllabus

<p>1. When the facts going to constitute a crime are well pleaded in an indictment, the law will infer the criminal intent, as sane men are presumed to intend the plain and obvious consequences of their acts.</p> <p>2. In an indictment for swindling, founded on Article 2426 ot Paschal’s Digest, the false pretenses were fully set out,' and the intent was charged to be to cheat, wrong and swindle; but the indictment did not allege an “intent to appropriate, etc., or to destroy or impair, etc.,” in the words oí the statute. Held, that the indictment was good.</p>

Judges: Walker

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