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: 394
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394 WILLIAMS AND SMITH V. THE STATE. [Term of
Opinion of the Court.
were convicted ;-Alexander and Smith of murder in the first
degree, and Williams in the second degree, with punishment
in penitentiary for fifteen years.
Smith and Williams moved for new trial and in arrest of
judgment, which being overruled, they appealed.
Satterfield was examined as witness in behalf of the State,
the prosecution having been dismissed as to him.
The other facts sufficiently appear in the opinion.
J. R. Burns, for appellants.
Geo. Clark, for State.
MOORE, J. It has been repeatedly held that it is not neces.
sary to allege in the indictment the facts relied upon to show
the defendant to be a principal, although the offense with
which he is charged may not have been actually committed by
him. But if he is a principal offender by reason of the part
performed by him in the commission of the offense, he may be
convicted under an indictment charging him directly with its
actual commission. If, however, the pleader, instead of proceeding
under a general indictment, prefers to do so under a
special bill charging each of the defendants with the particular
acts done or part performed by them respectively, should the
facts alleged as to some of them be insufficient to show their
guilt, the indictment as to them must be held bad.
The indictment against the appellants, Williams, Smith, and
Satterfield, is prosecuted upon the supposition that they were
present when the mortal blows were given by King and Alexander,
aiding by acts, and encouraging by words, in the actual
commission of the offense. But the indictment entirely fails
to charge them with giving such aid and encouragement,
1 knowing the unlawful intent" of said King and Alexander,
which is unquestionably an essential requisite in an indictment
attempting, as in this case, to set forth the specific facts
relied upon to charge all of the parties as principal offenders.
(Paschal, Article 1810.) It may be inferred, it is true, from
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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/m1/402/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .