Legal Opinion

Walker v. State

Court of Criminal Appeals of Texas

Decided December 1, 1915No. 3803PublishedCited by 4 opinions

Appeal from the District Court of Tarrant. Tried below before the Hon. Jas. W. Swayne. Appeal from a conviction of the tbeft of a cow; penalty, two years imprisonment in the penitentiary. The opinion states the case. On question of supplemental motion for rehearing and withdrawing notice of appeal: Collins v. State, 75 Texas Crim. Bep., 534, 171 S. W. Bep., 729, Bundick v. State, 59 Texas Crim.

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Appeal from the District Court of Tarrant. Tried below before the Hon. Jas. W. Swayne. Appeal from a conviction of the tbeft of a cow; penalty, two years imprisonment in the penitentiary. The opinion states the case. On question of supplemental motion for rehearing and withdrawing notice of appeal: Collins v. State, 75 Texas Crim. Bep., 534, 171 S. W. Bep., 729, Bundick v. State, 59 Texas Crim. Bep., 9. On question of refusal of requested charges: Wheeler v. State, 34 Texas Crim. Bep., 350; Young v. State, 37 id., 457. On question of requested charges: Cain v. State, 42 Texas Crim. Bep., 210;…

1Opinion of the Court

PBENDEBGAST, PeesidiNG Judge.

Appellant was convicted of cow theft and assessed the lowest punishment.

We see no necessity of any statement of the evidence. It was amply sufficient to sustain the verdict on any and all theories and questions raised.

From the appellant’s standpoint the evidence was perhaps sufficient to raise the question of whether or not the cow he had and sold was taken by mistake for a cow he claimed to have owned. But in any event, this question was properly submitted by the court in a special charge requested by him in the very language he requested it. The court,…

2Cases cited2 opinions

  1. Tores v. StateCourt of Criminal Appeals of Texas · 1914
  2. Dillard v. StateCourt of Criminal Appeals of Texas · 1915

3Cited by4 opinions

  1. Seefurth v. StateCourt of Criminal Appeals of Texas · 1967
  2. Stanfield v. StateCourt of Criminal Appeals of Texas · 1948
  3. Humphries v. StateCourt of Criminal Appeals of Texas · 1916
  4. West v. StateCourt of Criminal Appeals of Texas · 1940

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