Robbins v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Waller. Tried below before Hon. T. S. Beese. This appeal is from a conyiction for theft of a cow, the punishment being assessed at two years’ imprisonment in the penitentiary. The two errors assigned, and which are discussed in the opinion, were: “1. The court erred in not charging the law of accomplices, as the evidence of the State’s witnesses, S. L. Elgin and H. Blagrove, required such charge.
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Appeal from the District Court of Waller. Tried below before Hon. T. S. Beese. This appeal is from a conyiction for theft of a cow, the punishment being assessed at two years’ imprisonment in the penitentiary. The two errors assigned, and which are discussed in the opinion, were: “1. The court erred in not charging the law of accomplices, as the evidence of the State’s witnesses, S. L. Elgin and H. Blagrove, required such charge. “2. The court erred in refusing defendant a new trial, for the reason that the witnesses Elgin and Blagrove, by artifice, fraud, and deceit, induced the defendant to…
1Opinion of the Court
DAVIDSON, Judge.
This conviction was for cattle theft. The court did not err in failing to charge the jury the law applicable to the testimony of accomplices. The two witnesses, Elgin and Blagrove, were sent by their father-in-law, J. 0. Gregory, to assist appellant, at his request, to kill a beef. Appellant owed Gregory a debt, and was to discharge it in beef. The witnesses knew nothing of the cow killed; had never seen it before, and were not aware that it did not belong to appellant. These facts did not call for a charge upon the law applicable to testimony of accomplices. In order to…
2Cited by7 opinions
- Cozine v. StateCourt of Criminal Appeals of Texas · 1920
- Chandler v. StateCourt of Criminal Appeals of Texas · 1921
- Bascom v. StateCourt of Criminal Appeals of Texas · 1929
- Billups v. StateCourt of Criminal Appeals of Texas · 1932
- Nagel v. StateCourt of Criminal Appeals of Texas · 1934
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