Cox v. State
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Wesley Ogden. Indictment for theft of a pistol, worth $25. Appellant was convicted, and his punishment assessed by the jury at two years in the penitentiary. He appealed, being refused a new trial. The rulings do not call for a detail of the evidence, which was very contradictory.
1Opinion of the CourtLindsay, J.
From the record in this case, no error can be discovered in the rulings of the judge upon the trial. The charge embraced the law applicable to the case, as disclosed by the testimony. If any error was committed it was committed by the jury in giving credence to one witness against the positive statements of two others. This may have been wrong. But it was the province of the jury alone to weigh the testimony, and believe the one and disbelieve the others. Unlike the judge who presides over trials, this court does not have, nor can it be put in possession of the same facilities for judging of…
2Cited by2 opinions
- Phillips v. Territory of WyomingWyoming Supreme Court · 1872
- Ethington v. StateTexas Supreme Court · 1872