Legal Opinion

Brown v. State

Court of Criminal Appeals of Texas

Decided April 26, 1911No. 1058PublishedCited by 13 opinions

The opinion states the case. As to the value of the eighty acres of land, defendant placed the witness Posey on the stand, and.on cross-examination State’s counsel asked this witness the following question: “Didn’t you make a trade with G. 0. Cozort since you came here to Abilene, and trade back a part of these notes as worthless ?” Over the objection of defendant witness answered that he traded back the whole series of notes, amounting to $9600, bought from Cozort,…

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The opinion states the case. As to the value of the eighty acres of land, defendant placed the witness Posey on the stand, and.on cross-examination State’s counsel asked this witness the following question: “Didn’t you make a trade with G. 0. Cozort since you came here to Abilene, and trade back a part of these notes as worthless ?” Over the objection of defendant witness answered that he traded back the whole series of notes, amounting to $9600, bought from Cozort, including the notes on the said eighty acres, saying: “I was not properly secured on the series of notes and Cozort took all the…

1Opinion of the Court

HARPER, Judge.

In this case the appellant was indicted for swindling, and upon a trial he was convicted and his punishment assessed at two years confinement in the penitentiary.

1. The main contention in this case is presented in the motion to quash the indictment. It appears from the record that defendant met C. D. Robinson in the town of Abilene. Robinson had a pair of mules he desired to sell. Defendant agreed to give him $300 for the mules, and agreed to pay $25 in cash and give a deed of trust on eighty acres of land. Defendant represented that he was the owner of the land, and that it was…

2Cases cited5 opinions

  1. Boyce's Executors v. GrundySupreme Court of the United States · 1830
  2. Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
  3. Lamoyne v. StateCourt of Criminal Appeals of Texas · 1908
  4. State v. . MundaySupreme Court of North Carolina · 1878
  5. President of Connersville v. WadleighIndiana Supreme Court · 1844

3Cited by13 opinions

  1. Jewell v. StateCourt of Criminal Appeals of Texas · 1980
  2. Slaughter v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
  3. Dix v. StateCourt of Criminal Appeals of Texas · 1939
  4. Paiz v. StateCourt of Criminal Appeals of Texas · 1959
  5. Dix v. StateCourt of Criminal Appeals of Texas · 1939

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