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Madkins v. State

Court of Criminal Appeals of Texas
Jun 20, 1951
241 S.W.2d 151 (Tex. Crim. App. 1951)

Opinion

No. 25360.

June 20, 1951.

Appeal from the District Court, Cass County, E. Harold Beck, J.

Robert F. Salmon, Linden, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


For the wilful burning of his insured automobile, appellant has been convicted and assessed a penalty of two years' confinement in the penitentiary.

No statement of facts accompanies the record, in the absence of which the bills of exception cannot be appraised.

It is contended that there is no allegation of venue in the indictment — that is, the place where the offense was alleged to have been committed.

Without setting out the indictment, it is concluded that the words, 'then and there,' which are words of reference (Branch's P. C., Sec. 502), sufficiently allege venue and show that the offense was alleged to have been committed in Cass County, Texas. We are unable to perceive any fundamental defect in the indictment.

The judgment is affirmed.

Opinion approved by the Court.


Summaries of

Madkins v. State

Court of Criminal Appeals of Texas
Jun 20, 1951
241 S.W.2d 151 (Tex. Crim. App. 1951)
Case details for

Madkins v. State

Case Details

Full title:MADKINS v. STATE

Court:Court of Criminal Appeals of Texas

Date published: Jun 20, 1951

Citations

241 S.W.2d 151 (Tex. Crim. App. 1951)

Citing Cases

Smith v. State

Ex parte Hunter, 604 S.W.2d 188, 189 (Tex.Crim.App. 1980). The words "then and there" in the indictment,…