Kutch v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of El Paso. Tried below before Hon. T. A. Falvey. Appellant was indicted for a conspiracy with J. F. Bird, R. E. Vandergriff, and J. L. Smith to rob the railroad train of the Texas & Pacific Railway Company, and the Pacific Express car, attached to said train, and at his trial was found guilty, and his punishment assessed at five years confinement in the penitentiary. There is no statement of facts in the case.
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Appeal from the District Court of El Paso. Tried below before Hon. T. A. Falvey. Appellant was indicted for a conspiracy with J. F. Bird, R. E. Vandergriff, and J. L. Smith to rob the railroad train of the Texas & Pacific Railway Company, and the Pacific Express car, attached to said train, and at his trial was found guilty, and his punishment assessed at five years confinement in the penitentiary. There is no statement of facts in the case. The facts pertaining to the effort of defendant and his counsel to obtain a statement of facts are fully set out in the opinion of the court.
1Opinion of the Court
SIMKINS, Judge.
January 19, 1891, appellant was indicted in El Paso District Court upon a charge of conspiracy to rob, with three others. On May 5, 1892, he was placed on trial, and presented his motion for a change of venue on account of prejudice. This motion was contested by the State, and overruled by the court. There is no bill of exceptions bringing the evidence before us, and the presumption is that the court acted correctly in overruling it. Appellant then pleaded not guilty, and, after trial, was convicted, and his punishment assessed at five years in the penitentiary.
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Also in this document: Concurrence.
2Cases cited1 opinion
- Bell v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by17 opinions
- Gibson v. StateCourt of Criminal Appeals of Texas · 1908
- Ward v. StateCourt of Criminal Appeals of Texas · 1913
- Canon v. StateCourt of Criminal Appeals of Texas · 1910
- Roberts v. StateCourt of Criminal Appeals of Texas · 1911
- Rasberry v. StateCourt of Criminal Appeals of Oklahoma · 1909
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