Legal Opinion

Phillips v. State

Court of Criminal Appeals of Texas

Decided April 6, 1921No. 6089Published

Appeal from the County Court of Williamson. Tried below before the Honorable F. D. Love. Appeal from a conviction of theft of chickens; penalty, a fine of $50. The opinion states the case.

1Opinion

ON REHEARING.

June 8, 1921.

HAWKINS, Judge.

At a former day of the term this case was affirmed, then later reversed and ordered dismissed because our attention, on appellant’s motion for rehearing, was called to an alleged defect in the information. The State has now filed a motion for rehearing by and through the Hon. H. N. Graves, who was County Attorney of Williamson County when the prosecution in this case was had. The information alleges that appellant “did unlawfully take, steal and carry away, etc.” omitting, as will be seen the word “fraud ulently.” It is now insisted that the…

2Cases cited4 opinions

  1. Baldwin v. StateCourt of Criminal Appeals of Texas · 1915
  2. Watt v. StateCourt of Criminal Appeals of Texas · 1911
  3. Chance v. StateCourt of Appeals of Texas · 1889
  4. Smith v. StateCourt of Appeals of Texas · 1889

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