Legal Opinion

Johnson v. State

Court of Criminal Appeals of Texas

Decided February 12, 1908No. 4082PublishedCited by 1 opinion

Appeal from the District Court of Taylor. Tried below before the Hon. J. H. Calhoun. Appeal from a conviction of theft from the person; penalty, two years imprisonment in the penitentiary. The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

—Appellant was convicted of theft from the person, his punishment being assessed at two years confinement in the penitentiary.

On a former appeal this case was reversed on account of newly discovered testimony. On the trial resulting in this conviction, this testimony was before the jury and appellant was again convicted.

The contention is, that the evidence is not sufficient to sustain the verdict of the jury. Abernathy, from whose person the money is said to have been taken, states that he had over $100 on his person, and was at appellant’s wagon-yard, and became…

2Cited by1 opinion

  1. Yarbrough v. StateCourt of Criminal Appeals of Texas · 1912

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