Legal Opinion

Byrd v. State

Court of Criminal Appeals of Texas

Decided November 9, 1921No. 6427Published

Appeal from the District Court of Hardeman. Tried below before the Honorable J. A. Nabers. Appeal from a conviction of theft; penalty, two years imprisonment in the penitentiary. The opinion states the case.

1Opinion

ON REHEARING.

December 14, 1921.

EATTIMORE, Judge.

Appellant urges that Gibson, cashier of the Vernon bank which originally paid the money by mistake, was a resident of Wilbarger County; that Allensworth, cashier of the Chillicothe bank from which appellant received the money in question, was in Hardeman County, and that it was erroneous to submit to the jury the question of appellant’s guilt predicated on a taking from Gibson, appellant being prosecuted in Hardeman County.

There seems no good ground for such contention. But one offense was committed by appellant, which was charged in four counts…

2Cases cited2 opinions

  1. Wilson v. StateCourt of Criminal Appeals of Texas · 1896
  2. Mitchell v. StateCourt of Criminal Appeals of Texas · 1915

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