Legal Opinion

Oliver v. State

Court of Criminal Appeals of Texas

Decided October 20, 1894No. 984PublishedCited by 11 opinions

Appeal from tbe District Court of Shelby. Tried below before Hon. Drury Field, Special Judge. This appeal is from a conviction for arson, tbe punishment being-assessed at a term of seven years in tbe penitentiary. Tbe building alleged and tbe one proved to bave been destroyed by tbe fire was the dwelling bouse of one W. J. Crump, in Shelby County. Tbe fire occurred on tbe night of tbe 25th of July, about 11 o’clock.

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Appeal from tbe District Court of Shelby. Tried below before Hon. Drury Field, Special Judge. This appeal is from a conviction for arson, tbe punishment being-assessed at a term of seven years in tbe penitentiary. Tbe building alleged and tbe one proved to bave been destroyed by tbe fire was the dwelling bouse of one W. J. Crump, in Shelby County. Tbe fire occurred on tbe night of tbe 25th of July, about 11 o’clock. Tbe smokehouse was set afire, and tbe fire was communicated from it to tbe dwelling bouse, and both were consumed. In plowed ground, back of tbe smokehouse, were found tracks…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of arson, and his punishment assessed at seven years.

1. Appellant claims the court erred in permitting Miss Powdrell to testify, that appellant had quarrelled with said witness, who was his stepdaughter, and had struck her with a stick. The evidence shows that appellant treated his stepdaughter badly, and had driven her from his house and would not let her have her clothes when she came for them. She had taken refuge at her uncle’s home, and on returning next morning with young Crump, for her clothes, appellant ordered them to leave and called for his…

2Cited by11 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. Serrato v. StateCourt of Criminal Appeals of Texas · 1914
  3. Mickle v. StateCourt of Criminal Appeals of Texas · 1919
  4. Carden v. StateCourt of Criminal Appeals of Texas · 1911
  5. Hall v. State, Texas Court of Appeals, 4th District (San Antonio)1987

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