Renfro v. State
Court of Appeals of Texas
Appeal from the District Court of San Saba. Tried below before the Hon. W. A. Blackburn. By the first count in the indictment the appellant was charged with removing a certain cow, the property of some person unknown to the grand jury, from its accustomed range, without the consent of the owner, etc. The second charged him with the theft of the cow ; and upon this count he was found guilty by the jury, and his punishment assessed at three years in the penitentiary.
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Appeal from the District Court of San Saba. Tried below before the Hon. W. A. Blackburn. By the first count in the indictment the appellant was charged with removing a certain cow, the property of some person unknown to the grand jury, from its accustomed range, without the consent of the owner, etc. The second charged him with the theft of the cow ; and upon this count he was found guilty by the jury, and his punishment assessed at three years in the penitentiary. The appellant, it appears by the evidence, lives within three quarters of a mile of F. Freeman, the principal witness for the…
1Opinion of the CourtWhite, P. J.
For the purpose of fixing beyond question the fact that the defendant claimed to be the owner of the animal charged to have been stolen, the prosecuting officer introduced and read in evidence defendant’s sworn application for continuance, which had been filed just before going into trial. In this application defendant avowed that he had purchased the cow from one Clements, the absent witness for whose testimony the continuance was desired. With a view to this evidence, the court instructed the jury as follows, viz.: “ When the State introduces the confessions or declarations of a defendant,…
2Cases cited1 opinion
- Ross v. StateTexas Supreme Court · 1861