32 Tex. 74 | Tex. | 1869
The judgment upon the verdict of “ guilty,” in a prosecution on indictment for an assault, with intent to kill and murder, was arrested by the District Court in this case; upon which ruling, the Attorney for the State gave notice of appeal.
The reason assigned for the arrest of the judgment is the alleged vagueness, indefiniteness and uncertainty of the indictment. The inquiry, then, is confined to simply testing the indictment by the principles of our criminal law, as laid down in the Code. There are nine requisites established by the Code, by which the sufficiency of an indictment is to be tested. It must be in the name, and by the authority of the State. It must appear it was presented in a court having jurisdiction. It must be presented by a grand jury of the proper county. It must state the name of the accused, or allege it is unknown. It must show the place of the offence is within the jurisdiction •of the court. The time must be mentioned, and not so remotely as to show limitation has barred the prosecution. The offence must be set forth in plain and intelligible language. It must conclude against the peace and dignity of the
There being no statement of facts in the transcript, the court lias no means of knowing whether any injustice was done the accused upon the trial. If the evidence did not show, upon the trial, that the offense would have been murder, if death had ensued from the assault, the charge was not made out. But for want of a statement of facts, and of a hill of exceptions to the charge of the judge presiding at the trial, this court is pre'cluded from such inquiry. The court, however, erred in arresting the judgment and granting a new trial. lYorn the aspect of the case presented to this court by the record, the cornt is bound to reverse the judgment, which is accordingly done.
Reversed and remanded.