Legal Opinion

Kersh v. State

Court of Criminal Appeals of Texas

Decided December 9, 1903No. 2795PublishedCited by 5 opinions

Appeal from the County Court of Polk. Tried below before Hon. A. B. Green. Appeal from a conviction of theft of property, under the value of $50; penalty, a fine of one dollar and ten days confinement in the county jail. The recognizance was conditioned, “that the said Chas.

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Appeal from the County Court of Polk. Tried below before Hon. A. B. Green. Appeal from a conviction of theft of property, under the value of $50; penalty, a fine of one dollar and ten days confinement in the county jail. The recognizance was conditioned, “that the said Chas. ICcrsh, who stands charged in this court with the offense of theft of property of value less than $50, a misdemeanor, and who has been convicted of said offense in this court, and his punishment fixed at a fine, etc., as more fully appears by the judgment of conviction duly entered in this cause shall appear,” etc. No…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of theft of property, under the value of $50, and his punishment assessed at a fine of $1 and ten days confinement in the county jail.

The Assistant Attorney-General moves to dismiss the appeal on account of an alleged defective recognizance. In our opinion the recognizance is in accord with article 887, Code Crim. Proc.

The .property appellant is charged with stealing was six railroad tickets, of the value of five cents each, the same being the corporeal personal property of J. E. Burton. The undisputed proof shows that the alleged stolen tickets were the…

2Cases cited1 opinion

  1. Emmerson v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by5 opinions

  1. Booher v. StateCourt of Criminal Appeals of Texas · 1916
  2. Gideon v. StateCourt of Criminal Appeals of Texas · 1931
  3. Harris v. StateCourt of Criminal Appeals of Texas · 1946
  4. Rosalie Sauls v. StateCourt of Criminal Appeals of Texas · 1936
  5. Vajdak v. StateCourt of Criminal Appeals of Texas · 1917

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