Legal Opinion

Massey v. State

Court of Appeals of Texas

Decided October 25, 1890No. 3427PublishedCited by 1 opinion

Appeal from the District Court of Parker. Tried below before Hon. J. W. Patterson. The conviction in this case was for the theft of two head of cattle, the property of Mrs. Lumbert. The penalty assessed by the verdict was a term of three years in the penitentiary. The rulings of the court on this appeal do not demand a detailed statement of the facts proved on the trial.

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Appeal from the District Court of Parker. Tried below before Hon. J. W. Patterson. The conviction in this case was for the theft of two head of cattle, the property of Mrs. Lumbert. The penalty assessed by the verdict was a term of three years in the penitentiary. The rulings of the court on this appeal do not demand a detailed statement of the facts proved on the trial. It is sufficient to state that the prosecution proved and the defense admitted the taking of the animals, .and it was shown by the testimony, both for the State and the defense, that the animals were taken openly from a point…

1Opinion of the Court

HURT, Judge.

This is a conviction for the theft of two head of cattle.

Frank Kirby, a witness called for the defendant, testified favorably for *161him. In explaining his connection with the transaction he testified that defendant came to him and made inquiry as to the whereabouts of cattle in a certain brand—S A. He told defendant that a cow in that brand and two unmarked heifers were running at a certain place, and that they were considered estrays. He and the defendant and one George Copeland went to the place and found the two heifers. They did not find the cow in the S A brand, but the witness…

2Cited by1 opinion

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 1910

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