64 THE STATE v. BROOKS. [Tyler Term,
Opinion of the court.
10. The indictment is vague and uncertain, and presents
no offense known to the law.
The exceptions were sustained and judgment rendered
for defendant, and an appeal was taken by the District
George W. Smith, for the State.
Crawford & Crawford, for appellee.
GOULD, ASSOCIATE JUSTICE.-This is an appeal on behalf
of the State from the judgment of the District Court quashing
an indictment. The indictment alleges "that on the
1st day of June, in the year of our Lord one thousand eight
hundred and seventy-three, in the county and State aforesaid,
one Marshall N. Brooks, late of said county, who was
then and there an officer of the Government, to wit, a
deputy sheriff in and for the said county of Marion, and
by virtue of his said office then and there by law a receiver
of public money, to wit, a collector of taxes assessed in
said county of Marion, and authorized to collect and receive
the moneys due the Government of Texas; and then
and there, acting in said office, did then and there wickedly,
willfully, unlawfully, and feloniously and fraudulently
take and misapply and convert to his own use a
part of the money intrusted to him as aforesaid, to wit, the
sum of one thousand dollars, money collected by him as
aforesaid for the State of Texas from the citizens of Marion
county, Texas, for the year one thousand eight hundred
and seventy-two, and also large sums of said taxes for that
year to the grand jurors unknown in amount, he, the said
Brooks, then and there well knowing that he was not entitled
to the same, against the peace andc dignity of the
The principal objection urged to the indictment is that
a deputy sheriff is not such an officer nor such a receiver
or collector of public money as is contemplated by the
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed October 22, 2014.