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. Page: 392
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392 WILLIAMS AND SMITH V. THE STATE. [Term of
Statement of the case.
sented as to permit, or to require its reversal; and therefore
the judgment is affirmed.
HENRY WILLIAMS AND IKE SMITH v. THE STATE.
1. INDICTMENT FOR MURDER. It is not necessary to allege in the indictment
the particular acts done by several parties in committing murder; but
should it be attempted in the indictment to set out specially the particular
acts done or part performed by them respectively, and the facts so
alleged as to some of them be insufficient, the indictment as to them
should be quashed.
2. See indictment held insufficient as to part of the defendants charged with
8. ACCOMPLICE-EVIDENCE. In Article 653 of Code of Criminal Procedure
the word accomplice is used in a much broader sense than in Article 219
of Penal Code; in the former it evidently includes principals and accessories,
and the testimony of any such would require corroboration before
a conviction could be had.
4. ACCOMPLICE-WITNESS. Several persons were jointly indicted for murder;
the District Attorney dismissed as to one who testified in behalf of the
State. Held, that the court should in such case instruct the jury that
the testimony of the witness must be corroborated before finding the
others guilty, although the witness in his testimony should deny participation
in the crime.
APPEAL from Fayette. Tried below before the Iton. I. B.
June 25, 1874, the grand jury of Fayette county presented
an indictment charging that Dick King, Ike Smith, Offer
Alexander, Henry Williams, and Anderson Satterfield "on the
; 10th day of December, 1873, with force and arms, in the
' County of Fayette, State of Texas, did then and there willful"
ly, feloniously, and of their malice aforethought, together and
" with each other, by the aid and assistance each of the other,"
* * X* "in and upon the body of one Deitrich Mueller X *
'" * make an assault. And that tile said Dick King, a certain
"pistol (which said pistol was then and there a deadly weapon,
which said pistol was then and there of the value of ten dollars,
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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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/400/: accessed April 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .