Legal Opinion

Butts v. State

Court of Criminal Appeals of Texas

Decided January 15, 1896No. 865PublishedCited by 29 opinions

Appeal from the District Court of Denton. Tried below before Hon. D. E. Barrett. This appeal is from a conviction for forgery, the punishment being assessed at seven years’ imprisonment in the penitentiary. The forgery was proven to be the signing, by defendant, of the name of Sidney Woods to a note for $30, given by defendant for a buggy bought by him of one Eckleberger.

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Appeal from the District Court of Denton. Tried below before Hon. D. E. Barrett. This appeal is from a conviction for forgery, the punishment being assessed at seven years’ imprisonment in the penitentiary. The forgery was proven to be the signing, by defendant, of the name of Sidney Woods to a note for $30, given by defendant for a buggy bought by him of one Eckleberger. The note and a chattel mortgage on the buggy, to secure its payment, were delivered by defendant to Eckleberger. The chattel mortgage was not introduced in evidence. But, it was stated, by some of the witnesses, that there…

1Opinion of the Court

DAVIDSON, Judge.

This appeal is prosecuted from a conviction for forgery. Appellant sought a continuance for the testimony of one Walker, by whom he expected to prove that Eckleberger, the payee of the alleged forged note, had told appellant and Walker that Sidney Woods, whose name was alleged to have been forged, had told Eckleberger that his (Woods’) name on the note “was all right, and that the signature was genuine,” The application was denied, and exceptions duly reserved. On the trial, Eckleberger denied this statement, and he and Woods testified that Woods denied the execution of the…

2Cited by29 opinions

  1. Trinkle v. StateCourt of Criminal Appeals of Texas · 1910
  2. Caples v. StateCourt of Criminal Appeals of Texas · 1913
  3. Caple v. StateCourt of Criminal Appeals of Oklahoma · 1909
  4. Fifer v. StateCourt of Criminal Appeals of Texas · 1911
  5. Fletcher v. StateCourt of Criminal Appeals of Texas · 1913

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