West v. State
Court of Appeals of Texas
Appeal from, the District Court of Caldwell. Tried below before the Hon. L. W. Moore. Appellant was indicted for the theft of two hundred and fifty head of sheep, and, upon being tried and convicted, his punishment was assessed at four years in the penitentiary.
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Appeal from, the District Court of Caldwell. Tried below before the Hon. L. W. Moore. Appellant was indicted for the theft of two hundred and fifty head of sheep, and, upon being tried and convicted, his punishment was assessed at four years in the penitentiary. Various objections were urged to the indictment upon the trial, and, that the questions raised may be better understood, the entry of the presentation of the indictment, and the indictment itself, are set out in full, except the printers’ advertisement on the indictment. “ Came the grand jury, a legal quorum being present, and…
1Opinion of the CourtWinkler, J.
This is an appeal from a conviction of theft. The indictment charges the appellant with the theft ■Of two hundred and fifty head of sheep, of the value of $2 per head, the property of James Culbertson, from the possession of B. T. Palmer, averred to have been holding the same for the owner.
The appellant (defendant below) moved the court to quash the indictment on the grounds following, to wit: 1. Because the same does not commence, “In the name and by the authority of the State of Texas.” 2. Because the same •does not appear to be the act of the grand jury of Caldwell County. 3. Because the…
2Cases cited4 opinions
- Phillips v. StateTexas Supreme Court · 1867
- Pierce v. StateTexas Supreme Court · 1854
- State v. ShwartzTexas Supreme Court · 1860
- State v. SchoolfieldTexas Supreme Court · 1861