Legal Opinion

Bennett v. State

Court of Appeals of Texas

Decided November 14, 1891No. 3653PublishedCited by 2 opinions

Appeal from, the District Court of De Witt. Tried below before Hon. H. Clay Pleasants. The conviction was for theft of a cow, the punishment assessed being two years in the penitentiary. A statement of the facts is unnecessary to elucidate the rulings of the court in the opinion rendered.

1Opinion of the Court

HURT, Judge.

This case was before us last ¡November, and was then reversed, because the charge of the court did not submit the question of alibi to the jury, and because the rules applicable to circumstantial evidence were not given in charge to the jury.

Upon this trial the learned judge gave to the jury the following instructions upon the question of alibi: “If the jury believe from the evidence that the defendants were at the place of Ed. Bennett at the time the witness Friar says he saw them in his pasture in the afternoon of the 31st of December, A. D. 1889, the defendant should be…

2Cases cited1 opinion

  1. Walker v. StateTexas Supreme Court · 1874

3Cited by2 opinions

  1. Blankenship v. StateSupreme Court of Arkansas · 1891
  2. Butler v. StateCourt of Criminal Appeals of Texas · 1954

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