Legal Opinion

Flynn v. State

Texas Supreme Court

Decided July 1, 1874PublishedCited by 9 opinions

Appeal from Galveston. Tried below before the Hon. Gustave Coolc, Thomas Flynn was indicted, in the Criminal District Court of Galveston county, for the crime of theft from the person of Nicholas Walsh. The indictment was a joint one, charging the appellant, one James Anderson, and one George Wheeler, with the offense. There was a severance, and appellant being tried, was convicted, the jury assessing his punishment at five years in the penitentiary.

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Appeal from Galveston. Tried below before the Hon. Gustave Coolc, Thomas Flynn was indicted, in the Criminal District Court of Galveston county, for the crime of theft from the person of Nicholas Walsh. The indictment was a joint one, charging the appellant, one James Anderson, and one George Wheeler, with the offense. There was a severance, and appellant being tried, was convicted, the jury assessing his punishment at five years in the penitentiary. There was a motion for a new trial, which, on hearing, was overruled by the court, whereupon defendant excepted, and gave notice of appeal.…

1Opinion of the CourtDevine, J.

The appellant, with James Anderson, and George Wheeler, was jointly indicted for theft from the person of Nicholas Walsh. The charge was dismissed as to Anderson, the defendant Flynn alone being tried. The jury found him guilty and assessed his punishment at five years in the penitentiary.

The errors assigned are, that the charge of the court was contrary to law, and that it misled the jury; that the court erred in refusing the charge asked by defendant; that the verdict of the jury was not warranted by the evidence, and that the court erred in overruling the motion for a new trial.

The charge…

2Cited by9 opinions

  1. State v. ChambersWest Virginia Supreme Court · 1883
  2. Thomas v. StateCourt of Criminal Appeals of Texas · 1907
  3. Files v. StateCourt of Criminal Appeals of Texas · 1896
  4. Green v. StateCourt of Appeals of Texas · 1890
  5. Dukes v. StateCourt of Appeals of Texas · 1886

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