Parchman v. State
Court of Appeals of Texas
Appeal from the District Court of Harrison. Tried below before the Hon. A. J. Booty. The most material facts are either stated or clearly indicated in the opinion of this court. The indictment contained the ordinary allegations of caption and asportation, without any special characteristics of an indictment for receiving stolen property.
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Appeal from the District Court of Harrison. Tried below before the Hon. A. J. Booty. The most material facts are either stated or clearly indicated in the opinion of this court. The indictment contained the ordinary allegations of caption and asportation, without any special characteristics of an indictment for receiving stolen property. The proof showed that the gelding was allowed to run at large, and, after failing for several days to make his habitual appearance at his owner’s premises, was next seen carrying the accused, who had been arrested upon some other charge which is not disclosed…
1Opinion of the CourtEctor, P. J.
The defendant, Jerry Parchman, was tried and convicted at the October term, 1876, of the district court of Harrison county, for the theft of a gelding, and his punishment was assessed at seven years’ confinement in the state penitentiary.
One of the errors assigned is that the court erred in overruling defendant’s plea of jeopardy. An examination of the record will show that Jerry Parchman, the defendant, was first indicted for stealing a gelding, the property of one H. Franks ; that he was arraigned on the first indictment, and pleaded not guilty; that a jury was impaneled and sworn as…
2Cases cited5 opinions
- Wilson v. StateTexas Supreme Court · 1876
- Shaw v. StateTexas Supreme Court · 1865
- Bowman v. StateTexas Supreme Court · 1874
- Riley v. StateTexas Supreme Court · 1870
- Swindel v. StateTexas Supreme Court · 1869
3Cited by1 opinion
- Lewis, Ex Parte Swanda MarieCourt of Criminal Appeals of Texas · 2007