Weathersby v. State

Citations

• 1 Tex. Ct. App. 643

Syllabus

<p>1. Indictment—Joinder of Several Offenses.—Appellant was convicted of theft on an indictment which in one count charged him with the theft of a colt, and in another count with illegally marking and branding the colt. There was no motion to quash nor to compel the state to elect, and the court below instructed the jury to return their verdict on the charge of theft, and without considering the other count. Held, that the court below did not err in overruling a motion in arrest of judgment on the ground that the indictment charged two different and repugnant offenses.</p> <p>2. Same—Duplicity is the joinder in a single count of two or more distinct offenses. It is permissible to charge two or more offenses in separate counts of the same indictment; but this court disapproves of charging a felony and a misdemeanor in the same indictment, even in separate counts.</p>