Legal Opinion

Murio v. State

Court of Criminal Appeals of Texas

Decided October 29, 1892No. 463PublishedCited by 4 opinions

Appeal from the District Court of Travis. Tried below before Hon. James H. Robertson. The indictment in this case charged appellant by two separate counts, the first for the theft of 416 pounds of coffee, and the second for receiving and concealing said coffee, knowing it to have been stolen. At his trial he was convicted under the second count for receiving and concealing said property, and given as his punishment two years confinement in the penitentiary.

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Appeal from the District Court of Travis. Tried below before Hon. James H. Robertson. The indictment in this case charged appellant by two separate counts, the first for the theft of 416 pounds of coffee, and the second for receiving and concealing said coffee, knowing it to have been stolen. At his trial he was convicted under the second count for receiving and concealing said property, and given as his punishment two years confinement in the penitentiary. The facts are sufficiently stated in the opinion.

1Opinion of the Court

SIMKINS, Judge.

Defendant was convicted of receiving stolen property of the value of $20, and sentenced to two years in the penitentiary, from which he appeals.

On the night of March 30, 1892, a freight car loaded with coffee and other products, on the International & Great Northern Railway at Austin, was broken open and about 416 pounds of coffee taken therefrom. On the morning of April 1 a portion of this coffee, 164 pounds, was found in defendant’s house, spread on the floor, and covering thrown over it to resemble a bed, and in the corner was a box marked “A. Frank & Co., San Antonio.” When…

2Cases cited1 opinion

  1. Commonwealth v. FinnMassachusetts Supreme Judicial Court · 1871

3Cited by4 opinions

  1. Judy v. BeckwithSupreme Court of Iowa · 1908
  2. Bowman v. StateCourt of Criminal Appeals of Texas · 1913
  3. Frazier v. StateCourt of Criminal Appeals of Texas · 1922
  4. State v. LewisWest Virginia Supreme Court · 1936

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