# Brown v. State

> Court of Criminal Appeals of Texas · June 24, 1904 · 46 Tex. Crim. 572

URL: https://www.frixlaw.com/law-library/cases/3945560

## Case

- **Full name:** Bob Brown v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 24, 1904
- **Citations:** 46 Tex. Crim. 572; 81 S.W. 718; 1904 Tex. Crim. App. LEXIS 191
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Davidson
- **Judges:** Davidson
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3945560

## Opinion text

DAVIDSON, Presiding Judge.
Conviction of cattle theft; four years in the penitentiary fixed as a penalty. The indictment is attacked because it begins, “In the name and the authority of the State of Texas,” the word “by” being omitted and “the” inserted, whereas the constitutional requirement is that it shall begin “In the name and by the authority of the State of Texas.” This objection is well taken. The question has been so often decided we deem it unnecessary to enter
*573
into a further discussion of it. Saine v. State, 14 Texas Crim. App., 144; Jefferson v. State, 24 Texas Crim. App.. 535; Owens v. State, 25 Texas Crim. App., 552; Thompson v. State, 15 Texas Crim. App., 39; Thompson v. State, 15 Texas Crim. App., 168; Scroggins v. State, 36 Texas Crim. Rep., 117 ; White’s Ann. C. C. P., secs, 336, 345. We deem the other questions raised without merit. The judgment is reversed and the prosecution ordered dismissed.
Reversed and dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3945560. Public record. Not legal advice.