Koontz v. State
Texas Supreme Court
Appeal from Lavacca. Tried below before the Hon. W. H. Burkhart. George Koontz was indicted, tried, and convicted for theft of a hat from the house of Alfred Dunham. The verdict was as follows : “ We, the jury, find the defendant gilty as charged in the indictment, and assess his punishment at confinement in the State penitentiary for a tarm of too years.” The court charged the jury in the terms of the statute upon the offense.
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Appeal from Lavacca. Tried below before the Hon. W. H. Burkhart. George Koontz was indicted, tried, and convicted for theft of a hat from the house of Alfred Dunham. The verdict was as follows : “ We, the jury, find the defendant gilty as charged in the indictment, and assess his punishment at confinement in the State penitentiary for a tarm of too years.” The court charged the jury in the terms of the statute upon the offense. The defendant asked the Court to charge the jury that “ if they believe from the evidence that the hat in question came into the possession of Alf. Dunham upon the…
1Opinion of the Court
Reeves, Associate Justice.
The court did not err in overruling the motion in arrest of judgment. Bad spelling will not vitiate a verdict where it has the requisites of being certain and intelligible. The verdict in this case, though not a good specimen on a question of orthography, has these requisites, and could not be misunderstood.
Without a statement of the facts in evidence before the court and jury it cannot be ascertained whether the grounds of the motion for a new trial were well taken or not, or whether the charge to the jury was erroneous or not; and there being no statement of facts,…
2Cases cited4 opinions
- Shaw v. StateTexas Supreme Court · 1865
- Madden v. ShapardTexas Supreme Court · 1848
- Cambpell v. StateTexas Supreme Court · 1861
- Steinlein v. DialTexas Supreme Court · 1853
3Cited by19 opinions
- Pye v. StateCourt of Criminal Appeals of Texas · 1912
- Keef v. StateTexas Supreme Court · 1876
- Bryant v. StateCourt of Criminal Appeals of Texas · 1908
- Harris v. StateCourt of Criminal Appeals of Texas · 1931
- Daniel v. StateCourt of Criminal Appeals of Texas · 1932
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