Legal Opinion

James v. State

Court of Criminal Appeals of Texas

Decided February 8, 1899No. 1819PublishedCited by 14 opinions

Appeal from the District Court of Hill. Tried below before Hon. J. M. Hall. Appeal from a conviction for- theft of money over the value of $50; penalty, two years imprisonment in the penitentiary.

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Appeal from the District Court of Hill. Tried below before Hon. J. M. Hall. Appeal from a conviction for- theft of money over the value of $50; penalty, two years imprisonment in the penitentiary. The following statement of the material facts in the case, which is substantially correct, is taken from the brief for appellant: Appellant and his wife moved to the farm of the State’s witness, J. F. Myrick, near Mertens, in Hill County, in the spring of the year 1896, for the purpose of renting and cultivating land, and remained upon the place as Myrick’s tenants until the latter part of December,…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted in the District Court of Hill County of the theft of money over the value of $50, and his punish ment assessed at two years confinement in the State penitentiary, and he prosecutes this appeal.

When the State’s witness Dr. J. F. Myrick was on the stand, it was shown that this offense was committed in December, 1896, and no prosecution was instituted against appellant until March 16, 1898. The State, in order to account for the delay in the prosecution, asked him, “Why did you not have him [meaning appellant] arrested sooner ?” To which he answered that he…

2Cases cited1 opinion

  1. Long v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by14 opinions

  1. Walton v. StateCourt of Criminal Appeals of Texas · 1900
  2. Hill v. StateCourt of Criminal Appeals of Texas · 1903
  3. Terrell v. StateCourt of Criminal Appeals of Texas · 1921
  4. Bowman v. StateCourt of Criminal Appeals of Texas · 1913
  5. MacLin v. StateCourt of Criminal Appeals of Texas · 1912

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