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Loggins v. State

L. L. Loggins v. the State

Loggins v. State, 24 S.W. 408 (Tex. Crim. App. 1893)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
October 21, 1893
Docket
No. 714.
Judges
Davidson
Citations
24 S.W. 40832 Tex. Crim. 3581893 Tex. Crim. App. LEXIS 277
Headnotes
1. Indictment of Two or More Parties Jointly — “Acting Together”—Surplusage.—Indictments charging two or more persons with the same offense are not required to allege that the parties “ acted together,” and such allegation when made is surplusage. 2. Same — Breaking Jail to Rescue Prisoners —“ Willfully” and “Force.”—The crime of breaking into jail to rescue prisoners, as denounced hy article 212, Penal Code, does not use the terms “ willfully” and “force” in defining said offense, and an indictment for said offense is good and sufficient without the use of said terms. 3. Special Judge — Plea as to Disqualification of. — A plea setting up the disqualification of a special judge, which is not supported by evidence, should be overruled.
Summary
The indictment in this case charged appellant and one Sam Swan and one W. E. T. Ogletree jointly with breaking into the county jail of Sabine County, on the 25th of March, 1885, with intent and for the purpose of effecting the rescue and escape of Fred Connor, William Con-nor, Willis Connor, and John Connor, who were confined therein on a charge of murder, and of which the said Fred Connor had already been tried and convicted. Appellant was alone placed upon trial, and the trial resulted in his conviction, the punishment being assessed at confinement in the penitentiary for two years. A motion was made to quash the indictment for insufficiency of allegation (amongst other things), in that it failed to aver that the parties “ acted together,” and failed to allege that they did by “force” break into said jail. This motion was overruled. There is no statement of facts nor bill of exceptions in the record.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Davidson

DAVIDSON, Judge.

Appellant, Sam Swan, and W. E. T. Ogletree were jointly indicted for breaking into the county jail of Sabine County, for the purpose of liberating several prisoners therein confined.

*359 Appellant was tried and convicted; hence this appeal. Motion to quash the indictment was made, because it did not allege that appellant and his codefendants “ acted together ” in the commission of the said offense; and further, that it omitted to charge the breaking to have been done “ willfully” and by “ force.”

The terms “willfully” and “force” do not occur in the statute defining this offense. Penal Code, art. 212. It was not necessary to insert either term in the indictment.

Indictments charging two or more persons with the same offense are sufficient, in that respect, without averring they “acted together.” Such allegation, when made, is surplusage. Watson v. The State, 28 Texas Cr. App., 34; Finney v. The State, 29 Texas Cr. App., 184.

The plea of defendant setting up the disqualification of the special judge is not supported by testimony nor shown to be true, wherefore the court did not err in overruling it. The record contains neither a statement of facts nor a bill of exceptions. We find no error in the record, and the judgment is affirmed.

Affirmed.

Judges all present and concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 15 cases

View all citing references →
1901: 11913: 51914: 11915: 21916: 11920: 11928: 11929: 11930: 11931: 119012026peak 1913 · 5

Relies on it most ⓘ

  1. Zweig v. State171 S.W. 747 (Tex. Crim. App. 1913)
  2. Goodwin v. State158 S.W. 274 (Tex. Crim. App. 1913)
  3. State v. McPherson139 N.W. 368 (S.D. 1913)
  4. Pierce and Smith v. State38 S.W.2d 589 (Tex. Crim. App. 1931)
  5. Mooneyham v. State181 S.W. 456 (Tex. Crim. App. 1915)
  6. Cleveland v. State190 S.W.2d 177 (Tex. Crim. App. 1916)

Most recent

  1. Pierce and Smith v. State38 S.W.2d 589 (Tex. Crim. App. 1931)
  2. Johns v. State29 S.W.2d 758 (Tex. Crim. App. 1930)
  3. Rees v. State13 S.W.2d 856 (Tex. Crim. App. 1929)
  4. Bratton v. State4 S.W.2d 562 (Tex. Crim. App. 1928)
  5. Kennedy v. State226 S.W. 415 (Tex. Crim. App. 1920)
  6. Cleveland v. State190 S.W.2d 177 (Tex. Crim. App. 1916)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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