Opinion

Moore v. State

  • 155 Tex. Crim. 147
  • 232 S.W.2d 711
  • 1950 Tex. Crim. App. LEXIS 1781
Court
Court of Criminal Appeals of Texas
Filed
Jun 14, 1950
Status
Published
Author
Graves
On the bench
Woodley, Graves
Cited by
6 cases
Authority
More cited than 7.4%

The opinion

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant again complains because of an alleged contradiction in the indictment herein wherein it is alleged - that he committed the offense in Titus County by striking the deceased young lady in Franklin County, she dying therefrom in Titus County.

The indictment could have alleged that such offense was committed in either county, provided the victim died in Titus *151 County. See Arts. 195 and 210, C.C.P., also Harris v. State, 141 Tex. Cr. R. 447 , 149 S.W. (2d) 99 ; Stone v. State, 111 Tex. Cr. R. 547 , 15 S.W. (2d) 18 ; Compton v. State, 105 Tex. Cr. R. 516 , 289 S.W. 54 ; McCaine v. State, 152 Tex. Cr. R. 108 ; 211 S.W. (2d) 190 .

We see no incongruity in the allegations; the offense was committed originally in one county and finally consummated in the death in Titus County where the venue was properly laid.

The motion is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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