Legal Opinion
Shaw v. State
Court of Appeals of Texas
Decided July 1, 1877Published
Appeal from the District Court of Colorado. Tried below before the Hon. E. Lewis. The indictment charged the appellant with the theft of a beef.steer of the value of $15. The verdict is recited in the opinion of this court.
1Opinion of the CourtWhite, J.
It is unnecessary to notice but a single point presented by the record in this case. This point is thus made to appear in the motion for a new trial, which was overruled, to wit:
“2d. Because it does not appear from the record that there was a finding by the jury, whose province alone it was to find him (defendant) guilty or not guilty.
“ 3d. Because the verdict of the jury is vague, uncertain, and unintelligible, and will not sustain a judgment of conviction against him (defendant) as charged in the indictment.”
The verdict actually returned by the jury into court, as shown by the affidavit of…
2Cases cited9 opinions
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Thompson v. MusserSupreme Court of the United States · 1789
- Cook v. StateSupreme Court of Georgia · 1858
- Jones v. JulianIndiana Supreme Court · 1859
- Cane v. WatsonSupreme Court of Iowa · 1840
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