Legal Opinion

Webb v. State

Court of Criminal Appeals of Texas

Decided February 26, 1913No. 2303PublishedCited by 14 opinions

Appeal from the District Court of Smith. Tried below before the Hon. R. W. Simpson. Appeal from a conviction of theft of cattle; penalty,' two years imprisonment in the penitentiary.

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Appeal from the District Court of Smith. Tried below before the Hon. R. W. Simpson. Appeal from a conviction of theft of cattle; penalty,' two years imprisonment in the penitentiary. The following facts taken from the brief of the Assistant Attorney-General are substantially correct: The evidence of the -State in effect shows that one Gatlin was the owner of said yearling; that he saw appellant looking for cattle in his neighborhood just prior to the time he missed his yearling from the range; that shortly thereafter he made frequent inquiry of appellant if he had seen his yearling; that…

1Opinion of the Court

DAVIDSON, Presiding Judge.

This is a cattle theft conviction. The first bill of exceptions recites that the State introduced the following testimony: William Webb, on cross-examination by the State, testified over the objection of the defendant, that, “during last fall, after the date alleged in the indictment, and after the indictment had been filed in the court, he bought a yearling, about the same size and color of the yearling alleged to have been stolen, from Henry Stokely, paying him $20 for it, bringing it over to his farm.” The objections urged were that it was not shown that the…

2Cited by14 opinions

  1. Watson v. StateCourt of Criminal Appeals of Texas · 1917
  2. Lowe v. StateCourt of Criminal Appeals of Texas · 1920
  3. Lowe v. StateCourt of Criminal Appeals of Texas · 1920
  4. Texas Employers' Insurance v. CrowTexas Supreme Court · 1949
  5. Smith v. StateCourt of Criminal Appeals of Texas · 1921

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