Legal Opinion

Pierce v. State

Court of Criminal Appeals of Texas

Decided June 8, 1921No. 314PublishedCited by 2 opinions

Appeal from the District Court of Cherokee. Tried below before the Honorable L. D. Guinn. Appeal from a conviction of theft over the value of $50. Penalty, four years imprisonment in the penitentiary. The opinion states the case.

1Opinion of the Court

MORROW, PRESIDING Judge.

Appellant was convicted of theft; punishment assessed at confinement in the penitentiary for a period of four years.

The record is before us without a statement of facts. Certain exceptions to the charge and the admission of evidence appear. It is a general rule that in the absence of a statement of facts, where no fundamental error appear, every presumption will be in favor of the regularity of the procedure, the accuracy of the court’s charge and the sufficiency of the evidence. Davis v. State, 2 Texas Crim. App. 162; and other cases listed in Branch’s Ann. Penal…

2Cases cited8 opinions

  1. Denton v. StateCourt of Criminal Appeals of Texas · 1901
  2. Brown v. StateCourt of Criminal Appeals of Texas · 1909
  3. Dill v. StateCourt of Criminal Appeals of Texas · 1895
  4. Hare v. StateCourt of Criminal Appeals of Texas · 1909
  5. Kirkpatrick v. StateCourt of Criminal Appeals of Texas · 1909

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3Cited by2 opinions

  1. Riley v. StateSupreme Court of Georgia · 1935
  2. Brown v. StateCourt of Criminal Appeals of Texas · 1924

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