Cunningham v. State
Court of Appeals of Texas
Appeal from the District Court of Dallas. Tried below before the Hon. B. E. Burke. This conviction was for the theft of a railway passenger ticket, of a value exceeding twenty dollars. The penalty assessed was a term of two years in the penitentiary. The fact that the appellant stole the ticket from the office of the railway company in Caldwell, Burleson county, and sold it in Dallas, was not contested, but the defendant’s confession of the theft was proved.
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Appeal from the District Court of Dallas. Tried below before the Hon. B. E. Burke. This conviction was for the theft of a railway passenger ticket, of a value exceeding twenty dollars. The penalty assessed was a term of two years in the penitentiary. The fact that the appellant stole the ticket from the office of the railway company in Caldwell, Burleson county, and sold it in Dallas, was not contested, but the defendant’s confession of the theft was proved. The sole contention on the trial arose over the value of the ticket in Dallas, if it had value at all. The witnesses concurred in…
1Opinion of the Court
White, Presiding Judge.
1. The witness Hirsch swore positively that the railroad ticket was purchased by him in Dallas for twenty-five dollars and that it was worth in Dallas fifty-five dollars. This fact having been thus proven by said witness renders immaterial appellant’s first three bills of exceptions reserved as to the admission of evidence of value over his objections, and if in any manner erroneous, the error is without .prejudice and harmless.
2. There was no error in excluding the letter of Cark, the general passenger agent of the railroad, notifying conductors that ticket had been…
2Cases cited2 opinions
- Bray v. StateTexas Supreme Court · 1874
- Kay v. StateTexas Supreme Court · 1874
3Cited by2 opinions
- Automobile Underwriters' Co. v. RhineholdCourt of Appeals of Texas · 1923
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985