Legal Opinion · Dissent

Butler v. State

Court of Criminal Appeals of Texas

Decided June 13, 1908No. 3733Published

Appeal from the County Court of Travis. Tried below before the Hon. Jno. W. Hornsby. Appeal from a conviction of embezzlement; penalty a fine of $5 and one days confinement in the county jail. The opinion states the case.

1DissentDavid Sou, Presiding Judge

(dissenting).—I cannot concur with ' my brethren in affirming the judgment in this case, and feeling the importance of the decision and question involved fully justifying my non-concurrence I respectfully dissent. As I understand the decisions of the Supreme Court as well as of this court, the decision in this ease is a practical overturning of the well settled law. Buzard v. Bank of Greenville, 67 Texas, 83, is cited and relied on to sustain this affirmance. I do not believe it is in point especially as distinguished by the Supreme Court in Kelley Island & Line Transport Co. v. Masterson, 93…

2Cases cited8 opinions

  1. Buzar v. First National Bank of GreenvilleTexas Supreme Court · 1886
  2. Kelley Island Lime & Transport Co. v. MastersonTexas Supreme Court · 1906
  3. Eastern Arkansas Hedge Fence Co. v. TannerSupreme Court of Arkansas · 1899
  4. Ray v. StateCourt of Criminal Appeals of Texas · 1905
  5. McCrary v. StateCourt of Criminal Appeals of Texas · 1907

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