Brown v. State
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Wesley Ogden. The appellant was indicted for the theft of a gray stallion, the property of F. F. Woods. At the trial, Woods was the only witness for the State.
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Appeal from Gonzales. Tried below before the Hon. Wesley Ogden. The appellant was indicted for the theft of a gray stallion, the property of F. F. Woods. At the trial, Woods was the only witness for the State. He proved that the horse was taken from his possession without his consent, in June, 1868 ; that hearing the accused had him, he went to see him about it; that the accused acknowledged to having had the stallion, but said he had bought him from two white men, at the Pecan Mott, in the Lavaca prairie. This witness also proved that the accused produced a bill of sale, but that it…
1Opinion of the CourtWalker, J.
The candid admission of the attorney general, who refused to defend the rulings of the court in this case, has not prevented us from examining the record, and though we think there is good reason for setting aside the judgment of the court below for error in law, other than that of our ruling, the . motion for new trial and the demurrer to the evidence, we feel it proper that we confine our remalles to matter appearing upon the statement of facts accompanying the record. We have, in at least one case at the present term of this court, *608refused to disturb a verdict and judgment in the District…
2Cited by1 opinion
- Hobbs v. CampbellTexas Supreme Court · 1891