Legal Opinion

Preston v. State

Court of Criminal Appeals of Texas

Decided October 11, 1899No. 1999PublishedCited by 20 opinions

This is a second appeal in this case. The first appeal is Preston v.. State, 40 Texas Criminal Reports, 72, and it will be found to contain.' quite an elaborate statement of all the material facts involved in the-prosecution. On-this trial, defendant again pleaded former jeopardy and acquittal,, in the District Court of Bexar County, for the offense of forging the deed declared upon in the indictment in this case.

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This is a second appeal in this case. The first appeal is Preston v.. State, 40 Texas Criminal Reports, 72, and it will be found to contain.' quite an elaborate statement of all the material facts involved in the-prosecution. On-this trial, defendant again pleaded former jeopardy and acquittal,, in the District Court of Bexar County, for the offense of forging the deed declared upon in the indictment in this case. The district attorney filed a demurrer and exceptions to this plea, which were sustained by the court, and said special plea was stricken but without having ' been submitted to the…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of passing as true a forged instrument in writing, and his punishment assessed at eight years confinement in the penitentiary, and he appeals.

This is the second appeal in this case. For the opinion reversing the case at a former term of this court, see 40 Texas Criminal Reports, 72.

Appellant’s first assignment of errors involves the action of the court in striking out his special plea of former jeopardy and acquittal in the District Court of Bexar County, the plea in question setting out in proper form the trial and acquittal of the defendant on an…

2Cases cited8 opinions

  1. Brittain v. StateCourt of Criminal Appeals of Texas · 1896
  2. Barrara v. StateTexas Supreme Court · 1874
  3. G. W. and E. Wright v. StateCourt of Criminal Appeals of Texas · 1897
  4. People v. KelleyCalifornia Supreme Court · 1873
  5. State v. GlassWisconsin Supreme Court · 1880

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3Cited by20 opinions

  1. Bryan v. StateCourt of Criminal Appeals of Texas · 1992
  2. Robertson v. StateCourt of Criminal Appeals of Texas · 1911
  3. Chavez v. StateCourt of Criminal Appeals of Texas · 1974
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1920
  5. Mullane v. StateCourt of Criminal Appeals of Texas · 1971

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