Stephens v. State
Court of Criminal Appeals of Texas
The opinion states the case. The court permitted Ora Hart to testify for the State over the objection of the defendant, and his testimony was as follows: “The negro, Sherman Stephens, testified before the grand jury as follows: ‘Said he got up there at Tom Frizzell’s, he got up there at the house. It seems he saw a squirrel up the road before he got to the house.
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The opinion states the case. The court permitted Ora Hart to testify for the State over the objection of the defendant, and his testimony was as follows: “The negro, Sherman Stephens, testified before the grand jury as follows: ‘Said he got up there at Tom Frizzell’s, he got up there at the house. It seems he saw a squirrel up the road before he got to the house. He goes on up to the house; I believe he said the doors were open and he went in the house and got something to eat; don’t remember just about that; but anyway there was a gun sitting over in the corner; he got the gun and went on to…
1DissentPrendergast, Judge
(dissenting).—My associates do not state the facts. I will. The uncontradicted and unimpeached testimony, without any shadow of doubt, established that on August 13th, about noon, someone, by force, entered the home of Mr. Tom Frizzell while he and his good wife were at church, ate the dinner she had prepared, tumbled up the beds .and dresser drawer and things in the house generally, evidently hunting for valuables to steal, and among other things, stole Mr. Frizzell’s gun, nearly two boxes of cartridges and two plugs óf tobacco, and fled. Mr. Frizzell and wife arrived home very soon after…
2Cases cited4 opinions
- Miller v. StateCourt of Criminal Appeals of Texas · 1893
- Martoni v. StateCourt of Criminal Appeals of Texas · 1914
- Miller v. StateCourt of Criminal Appeals of Texas · 1915
- Rice v. StateCourt of Criminal Appeals of Texas · 1915