Lindsay v. State
Court of Appeals of Texas
Appeal from the District Court of Washington. Tried below before the Hon. E. B. Turner. The opinion clearly indicates the material facts on which the rulings are based.
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Appeal from the District Court of Washington. Tried below before the Hon. E. B. Turner. The opinion clearly indicates the material facts on which the rulings are based. Of the charge to the jury in the court below, the following is that portion which is commented upon in the opinion: 66 When evidence is conflicting upon material points, and the evidence of some has to be rejected, then you will arrive at who is entitled to credit by the use of your power of discrimination, by the demeanor of the witnesses on the stand ; and if you find certain facts established as true, then, if the disputed…
1Opinion of the Court
Ector, Presiding Judge.
Albert Lindsay, the appellant, was indicted at the February term, 1876, of the district court of Washington county, for the theft of a mare. At the July term thereafter of said court he was tried and convicted on said indictment, and his punishment assessed at five years’ confinement in the penitentiary. The defendant made a motion for a new trial, which was overruled, and he then appealed, and assigned numerous errors. The attorneys for the defendant, in their able brief, have relied mainly on four of the errors assigned, viz.:
“ 1st. That the court erred in the charge…
2Cases cited7 opinions
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- Buster v. StateTexas Supreme Court · 1874
- Mitchell v. ZimmermanTexas Supreme Court · 1849
- Ring v. StateTexas Supreme Court · 1874
- Rideus v. StateTexas Supreme Court · 1874
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