Legal Opinion

Mahoney v. State

Court of Criminal Appeals of Texas

Decided May 19, 1894No. 466PublishedCited by 5 opinions

Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. CliNT. The case is thus concisely stated in appellant’s brief: Appellant was confined on the county farm as a punishment for his gambling proclivity.

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Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. CliNT. The case is thus concisely stated in appellant’s brief: Appellant was confined on the county farm as a punishment for his gambling proclivity. One evening in April, 1893, he and several other prisoners were returning from the field where they had been at work, when he grabbed the guard and shouted to the other prisoners, who were some distance away, “Come on, boys; now is our time to get our liberty,” or words to that effect. Appellant ordered one of the prisoners to unload the guard’s shotgun and…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of tbeft, and bis punishment assessed at two years in tbe penitentiary. Appellant was indicted in three counts, charging robbery, embezzlement, and tbeft of over $20. Upon trial tbe State dismissed as to tbe first two counts.

Tbe facts show that appellant was confined on the county farm for gambling; that one evening in April, 1893, appellant approached tbe guard, one Cummins, under tbe pretense of borrowing bis knife, and seized him, crying out, “Come on, boys; now is tbe time to get our liberty,” and, assisted by other convicts, disarmed tbe guard, one…

2Cited by5 opinions

  1. Midgett v. StateCourt of Appeals of Maryland · 1981
  2. Southerland, Lawson Vaughn v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
  3. Lunce v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
  4. Stanley v. StateCourt of Criminal Appeals of Texas · 1911
  5. Barrow v. StateCourt of Criminal Appeals of Texas · 1941

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