Sherwood v. State
Texas Supreme Court
Appeal from the Criminal District Court of Galveston county. Tried below before the Hon. Gustave Cook. E. Sherwood was indicted for swindling, in passing off to Miss Maggie Martin a check for one hundred dollars, which check was not genuine. The indictment set out the check, and the original check and indictment formed part of the record, being sent up by order of the court.
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Appeal from the Criminal District Court of Galveston county. Tried below before the Hon. Gustave Cook. E. Sherwood was indicted for swindling, in passing off to Miss Maggie Martin a check for one hundred dollars, which check was not genuine. The indictment set out the check, and the original check and indictment formed part of the record, being sent up by order of the court. Maggie Martin, for the State, testified, that she had license to sell liquor; she knew defendant; met him first at Breña on d’s saloon, and supposed him to be an honorable man. “ He came to my house, and was there at…
1Opinion of the CourtGould, J.
The original indictment and original check, which last is alleged to have been improperly admitted in evidence, because of its variance from that set out in the indictment, have both been sent up with the record for our inspection. ' The alleged variance has not been specifically pointed out, and a careful comparison of the two instruments has not enabled us to detect it. The check appears to have been correctly set out in hcBo vería, and was properly admitted in evidence.
It is said that the court erred in charging that if defendant got the check from another, it devolved on him to show it.…
2Cited by20 opinions
- Jackson v. StateCourt of Criminal Appeals of Texas · 1908
- Rowe v. StateSupreme Court of Florida · 1935
- Carlile v. StateCourt of Criminal Appeals of Texas · 1970
- Cook v. StateCourt of Appeals of Texas · 1892
- Holstein v. GrierCourt of Appeals of Texas · 1953
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