Martin and McCracken v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Childress. Tried below before Hon. G. A. Brown. Appeal from a joint conviction for theft of cattle; the penalty assessed being two years imprisonment for each defendant in the penitentiary. In view of the disposition made of the case, in the opinion, it is unnecessary to make a general statement of the case as made by the evidence.
1Opinion of the Court
DAVIDSON, Judge.
Appellants were convicted of the theft of cattle, and given two years each in the penitentiary; hence this appeal.
At the Austin term, 1897, we prepared an opinion affirming this case, but the opinion was not rendered. The case was resubmitted at the present term of the court, and the question presented with reference to the charge of the court being on the weight of the testimony is again urged as a reason why this judgment should be reversed.
We have had occasion to examine the charge of the court more critically. The charge of the court on this subject is as follows: “In…
2Cited by1 opinion
- Kelley v. StateCourt of Criminal Appeals of Texas · 1901