Williams v. State

Citations

• 13 Tex. Ct. App. 285
• 1882 Tex. Crim. App. LEXIS 221

Syllabus

<p>1. Fraudulent Acquisition of Property by Threats —Indictment.— To constitute this offense, as defined by Article 723 of the Penal Code, it must appear: 1. That the accused threatened to do some illegal act, injurious to the character, person or property of another, and the indictment should aver the threats, and the illegal act threatened, with reasonable certainty. 2. That by means of such threats the accused fraudulently induced the person threatened to deliver to him certain property, which property should be described in the indictment as in an indictment for theft, except that no value need be alleged. 3. That the accused so obtained the property with the intent to appropriate the same to his own use.</p> <p>2. Pleading—Autrefois Acquit and Convict.—A plea of former acquittal or former conviction should allege the proceedings which resulted in such former acquittal or conviction, i. e., matter of record, to-wit, the former indictment and acquittal or conviction; and matters of fact, to-wit, the identity of the person acquitted or convicted, and of the offense of which he was acquitted or convicted.</p> <p>3. Same—Charge of the Court.—Where the court has improperly sustained pleas of former acquittal or former conviction, and the evidence totally failed to support them, the refusal of instructions in regard to such pleas was not error.</p> <p>4. Same.—Autrefois Acquit is not an available plea when it appears from the evidence that the indictment upon which the defendant had been previously tried and acquitted charged an offense different from that charged in the indictment to which the plea is interposed; nor where the same evidence would not support a conviction under both indictments.</p> <p>5. Same—Indictment.—When a person is known by two or more names, it is sufficient that the indictment state either name; and proof of the name stated in the indictment is all that is required.</p>