Gray and Ross v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Ellis. Tried below before Hon. J. E. Dillard. This appeal is from a joint trial and conviction for swindling, wherein the punishment assessed against each appellant was a term of five years imprisonment in the penitentiary.
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Appeal from the District Court of Ellis. Tried below before Hon. J. E. Dillard. This appeal is from a joint trial and conviction for swindling, wherein the punishment assessed against each appellant was a term of five years imprisonment in the penitentiary. Omitting formal averments, the indictment charged, that “ Jim Gray and Sam Ross, late of the county of Ellis, on the 27th day of June, in the year of our Lord one thousand eight hundred and ninety-three, with force and arms, in the county of Ellis and State of Texas, did fraudulently take from the possession of Jack Rowland one horse, the…
1Opinion of the Court
HURT, Presiding Judge.
Conviction for swindling Jack Rowland, thereby obtaining from him a horse.
We have carefully examined the indictment in this record, in connection with the objections made thereto. It is sufficient. That Rowland was induced to bet his horse on his ability to open the knife does not prevent the transaction from being a swindle within the provisions of our statute.
The evidence is amply sufficient to support the verdict. Those who by such tricks as are shown in the record obtain the property of others justly deserve to be in the penitentiary. There was no objection made to…
2Cited by5 opinions
- Deuschle v. StateCourt of Criminal Appeals of Texas · 1927
- Johnson v. StateCourt of Criminal Appeals of Texas · 1895
- Guthrie v. StateCourt of Criminal Appeals of Texas · 1914
- Mendez v. StateCourt of Criminal Appeals of Texas · 1923
- Deuschle v. StateCourt of Criminal Appeals of Texas · 1927