State v. Durst , 7 Tex. 74 ( 1851 )

WheeleR, J.

It will suffice for the disposition of this case to observe, that it is a positive requirement of the Constitution that the indictment conclude, “against the peace and dignity of the State.” (Hart. Dig., p. 62, sec. 9.)- lb is scarcely necessary to say that the courts have no authority to dispense with, that which the Constitution requires. .

The court did not err in its judgment quashing the indictment, and it is affirmed.

Judgment affirmed.