Wilson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Milam. Tried below before Hon. M. J. Moose, Special Judge. Appeal from a conviction of theft of cattle; penalty, four years imprisonment in the penitentiary.
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Appeal from the District Court of Milam. Tried below before Hon. M. J. Moose, Special Judge. Appeal from a conviction of theft of cattle; penalty, four years imprisonment in the penitentiary. For previous habeas corpus proceedings in this case, see Ex Parte Wilson, 39 Texas Criminal Reports, 630. About the 1st of June, 1898, M. K. Cummings placed the three cattle alleged to have been stolen in Henry Beard’s pasture, situated about eighteen miles from Rockdale, under a contract for pasturage with Ollie Beard, who at that time had control of the pasture. The pasture was about a mile from…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of the theft of cattle, and his punishment assessed at four years confinement in the State penitentiary, and he appeals.
Appellant filed a motion to set aside the indictment, and, as a ground of said motion, urged that the indictment should be quashed because Col. K. H. Tracy, an attorney at law, was present and examined the witnesses concerning the said alleged theft before the grand jury; he having been employed as a private prosecutor to prosecute defendant. There is no provision of the statute prohibiting the mere presence of another attorney…
2Cited by12 opinions
- United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Middleton v. StateCourt of Criminal Appeals of Oklahoma · 1919
- Porter v. StateCourt of Criminal Appeals of Texas · 1913
- Bowman v. StateCourt of Criminal Appeals of Texas · 1913
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