Legal Opinion

Gentry v. State

Court of Appeals of Texas

Decided June 13, 1888No. 6093PublishedCited by 2 opinions

Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. This is the appellant’s second appeal from judgments of conviction for theft of two horses, one alleged to be the property of S. Hindman, and the other to be the property of W. Hance. The penalty awarded was a term of five years in the penitentiary.

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Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. This is the appellant’s second appeal from judgments of conviction for theft of two horses, one alleged to be the property of S. Hindman, and the other to be the property of W. Hance. The penalty awarded was a term of five years in the penitentiary. A full report of the first trial of this case will be found in the twenty-fourth volume of these Eeports, beginning on page 478. All of the witnesses who testified on that trial, save H. C. Bohanan, testified on this trial, and their narratives on the two trials…

1Opinion of the Court

Willson, Judge.

Evidence was adduced (m the trial tending to show that, at the same time and place that the defendant took the horses mentioned in the indictment, he took a horse not mentioned in the indictment, the property of one Morgan. In the charge to the jury, the court failed to instruct them as to the *616purpose of such testimony, and that they could not convict the defendant of the theft of any other horse than those named in the indictment. There was no exception made to the charge, at the time of the trial, because of such omission, nor did the defendant ask a special charge with…

2Cited by2 opinions

  1. Salcido v. StateCourt of Criminal Appeals of Texas · 1961
  2. Salcido v. StateCourt of Criminal Appeals of Texas · 1961

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