Court of Appeals of Texas July 1, 1876 (Ewing v. State)

White, J.

The indictment in this case is fatally defective because it fails to allege that the defendant “ did” the acts charged as constituting the crime. This word is indis*363pensable, and cannot be supplied by intendment. The State v. Hutchinson, 26 Texas, 111; The State v. Dougherty, 30 Texas, 360 ; Edmondson v. The State, 41 Texas, 496.