Holley v. State
Court of Appeals of Texas
Appeal from the District Court of Hood. Tried below before the Hon. T. L. Nugent. The conviction in this case was for the theft of four head of cattle, the property of Dave O’Neill, in Hood county, Texas, on the first day of November, 1881. A term of four years in the penitentiary was the penalty awarded. Dave O’Neill was the first witness for the State.
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Appeal from the District Court of Hood. Tried below before the Hon. T. L. Nugent. The conviction in this case was for the theft of four head of cattle, the property of Dave O’Neill, in Hood county, Texas, on the first day of November, 1881. A term of four years in the penitentiary was the penalty awarded. Dave O’Neill was the first witness for the State. He testified that about October 31 or November 1, 1881, he recovered some cattle which he had previously missed from his range, which range was located about three miles southwest from the town of Granbury, Hood county, Texas. ' He found them…
1Opinion of the Court
Hurt, Judge.
This is a conviction for the theft of cattle, the property of Dave O’Neill.
We do not desire to state and comment upon the evidence in this case. Suffice it to say, we do not believe it a safe precedent to permit this conviction to stand. The evidence, in our opinion, is not of that character—not of such force and clearness—as will justify this conviction. (The Reporters will state the evidence in full.)
The judgment is reversed and the cause remanded for a new trial.
Reversed and remanded.
2Cited by1 opinion
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