Legal Opinion

Fruger v. State

Court of Criminal Appeals of Texas

Decided February 6, 1907No. 3829PublishedCited by 8 opinions

Appeal from the District Court of Liberty. Tried below before the Hon. L. B. Hightower. Appeal from a conviction of theft of property over the value of $50; penalty, two years imprisonment in the penitentiary.

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Appeal from the District Court of Liberty. Tried below before the Hon. L. B. Hightower. Appeal from a conviction of theft of property over the value of $50; penalty, two years imprisonment in the penitentiary. In applying the law on accomplice testimony, the court charged: “Now the court charges you that Buck Marcantle according to his own testimony was an accomplice, and will be so considered by the jury, and you are instructed that you cannot find the defendant guilty upon his testimony unless you are satisfied that the same has been corroborated by other evidence tending to establish that…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of theft of property over the value of $50, his punishment being assessed at two years confinement in the penitentiary.

If upon another trial motion for change of venue is urged, and the testimony is in substance with that contained' in the bill of exceptions in this record, we are of opinion the motion should be granted.

The charge of the court is criticised in several respects. The charges with reference to principals and the testimony of the accomplices are fatal, and require a reversal. With reference to principals, among other things, the…

2Cases cited5 opinions

  1. Bell v. StateCourt of Criminal Appeals of Texas · 1898
  2. McDonald v. StateCourt of Criminal Appeals of Texas · 1904
  3. Garlas v. StateCourt of Criminal Appeals of Texas · 1905
  4. Jones v. StateCourt of Criminal Appeals of Texas · 1903
  5. Eddens v. StateCourt of Criminal Appeals of Texas · 1905

3Cited by8 opinions

  1. Silvas v. StateCourt of Criminal Appeals of Texas · 1913
  2. Grant v. StateCourt of Criminal Appeals of Texas · 1910
  3. O'Quinn v. StateCourt of Criminal Appeals of Texas · 1908
  4. Fruger v. StateCourt of Criminal Appeals of Texas · 1909
  5. Goodwin v. StateCourt of Criminal Appeals of Texas · 1930

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