Grant v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Wichita. Tried below before Hon. A. H. Cardigan. Appeal from a conviction of burglary; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with "the burglary of the house of one W. J. Shaw, and the theft therefrom of thirty bushels of oats. One W. M. Ballow was indicted separately for the same offense, and, after this appellant was convicted, the said Ballow was tried in his case and acquitted.
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Appeal from the District Court of Wichita. Tried below before Hon. A. H. Cardigan. Appeal from a conviction of burglary; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with "the burglary of the house of one W. J. Shaw, and the theft therefrom of thirty bushels of oats. One W. M. Ballow was indicted separately for the same offense, and, after this appellant was convicted, the said Ballow was tried in his case and acquitted. Ballow filed an affidavit in support of defendant’s motion for a new trial. A concise statement of the material facts proved, and…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of burglary. There are several questions suggested for revision, which, in the light of the record, we deem unnecessary to discuss. The misconduct of the jury, as detailed in the record, will not occur upon another trial.
The evidence of Shaw in regard to tracks, as presented- by the bill of exceptions, was hardly admissible. While parties may. testify as to tracks by comparison, still the witness must show that he placed himself in the attitude of being able to testify with some degree of accuracy as to the similarity of the tracks made upon…
2Cited by6 opinions
- Parker v. StateCourt of Criminal Appeals of Texas · 1904
- Bowman v. StateCourt of Criminal Appeals of Texas · 1913
- Smith v. StateCourt of Criminal Appeals of Texas · 1903
- Steed v. StateCourt of Criminal Appeals of Texas · 1925
- Casanova v. StateCourt of Criminal Appeals of Texas · 1920
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