Legal Opinion

Barnes v. State

Court of Appeals of Texas

Decided June 1, 1889No. 6586PublishedCited by 1 opinion

Appeal from the District Court of Wilbarger. Tried below before Hon. G. A. Brown. The conviction in this case was for horse theft, and the penalty assessed was a term of eight years in the penitentiary. The disposition of the questions raised on appeal does not require a statement of the facts proved.

1Opinion of the Court

White, Presiding Judge.

Boode Brookin, the witness offered by defendant, and whose competency as a witness was raised by objection on the part of the prosecution, was clearly incompetent, he being charged by another indictment with the theft of the same animal for the theft of which appellant was upon trial. The court did not err in rejecting him as a witness. Code Crim. Proc., art. 732; Willson’s Crim. Stats., sec. 2437; Wood v. The State, 26 Texas Ct. App., 490.

Evidence was adduced on the trial of the theft of several other animals at the same time and place as the one for which defendant…

2Cited by1 opinion

  1. Gilbert v. StateCourt of Criminal Appeals of Texas · 1909

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