State v. Wilburn
25 Tex. 738
Tex.1860Check TreatmentThe objection to the indictment in this case is the same as that presented in the case of Hewitt v. The State, just decided. The mode of setting aside the indictment by the court below, without formal exceptions, may be irregular. But the indictment being clearly defective for the reasons just announced in the case of The State v. Hewitt, the judgment will be affirmed.
Judgment affirmed.