Hubotter v. State
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. W. B. Fayle, Judge of the Criminal Court of the county of Harris. In the Criminal Court of the county of Harris, at a special term held in August, 1869, the appellant was indicted and tried for theft.
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Appeal from Harris. Tried below before the Hon. W. B. Fayle, Judge of the Criminal Court of the county of Harris. In the Criminal Court of the county of Harris, at a special term held in August, 1869, the appellant was indicted and tried for theft. The indictment charged that the accused, “ on the 13tli day of August, A. D. 1869, in the said county of Harris and State of Texas, did then and there fraudulently and feloniously steal, take and carry away, from the possession of Samuel W. Allen, two beeves, the same being cattle, each of the value of fifteen dollars, without the consent of the…
1Opinion of the CourtLindsay, J.
Neither the exception to the ruling of the court allowing the attorney for the State to challenge a juror after the panel had been accepted, nor to the permission to prove the value of the cattle in United States currency, can be regarded as an error which requires the revision of this court. In the conduct of public trials, for the attainment of the ends of justice there must be a large discretion accorded to tribunals of original' jurisdiction; and unless that discretion is most unwisely or wantonly exercised, an appellate court would transcend its authority to attempt to control it. The…
2Cases cited1 opinion
- Hanks v. StateTexas Supreme Court · 1858
3Cited by5 opinions
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- Pitt v. BishopMissouri Court of Appeals · 1893
- State ex rel. Esser v. District Court of the Fifth Judicial District of the State of Nevada ex rel. County of NyeNevada Supreme Court · 1918
- Baker v. StateCourt of Appeals of Texas · 1878