Legal Opinion

Buchanan v. State

Court of Appeals of Texas

Decided June 6, 1888No. 5995PublishedCited by 1 opinion

Appeal from the District Court of Tom Green. Tried below before the Hon. J. C. Randolph. The conviction was for the theft of two head of eattle, the property of E. Burke, and the penalty assessed against the appellant was a term of two years in the penitentiary. Sam Moore was the first witness for the State.

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Appeal from the District Court of Tom Green. Tried below before the Hon. J. C. Randolph. The conviction was for the theft of two head of eattle, the property of E. Burke, and the penalty assessed against the appellant was a term of two years in the penitentiary. Sam Moore was the first witness for the State. He testified that, about October 10, 1887, he and the defendant went to the Miles—otherwise known as the “Picnic”—pasture, in Tom Green county, and got the two cows described in the indictment. One of them was a light red heifer and the other a dark red heifer, both branded with the…

1Opinion of the Court

White, Presiding Judge.

Appellant and one Sam Moore were jointly indicted for the theft of two cattle, the property of one E. Burke. Appellant was alone put upon trial, and Sam Moore, his co-defendant, was allowed to turn State’s evidence, and testified against appellant on the trial. If his testimony is to be credited, and if it was sufficiently corroborated by the other evidence, there can be no question but that the case against appellant was fully made out. As to whether he was. sufficiently corroborated is the only material question upon this appeal.

If there is any evidence corroborating…

2Cited by1 opinion

  1. McCarty v. StateCourt of Criminal Appeals of Texas · 1942

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