Legal Opinion

Jack v. State

Court of Appeals of Texas

Decided March 17, 1886No. 2063PublishedCited by 2 opinions

Appeal from the Criminal District Court of Galveston. Tried below before the Hon. Gustave Cook. The conviction in this case was for the theft of property over the value of $20, from M. W. Shaw, the owner, in Galveston county, Texas, on the 1st day of August, 1885. A term of three years in the penitentiary was the penalty assessed against the appellant. Michael W. Shaw was the first witness for the State.

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Appeal from the Criminal District Court of Galveston. Tried below before the Hon. Gustave Cook. The conviction in this case was for the theft of property over the value of $20, from M. W. Shaw, the owner, in Galveston county, Texas, on the 1st day of August, 1885. A term of three years in the penitentiary was the penalty assessed against the appellant. Michael W. Shaw was the first witness for the State. He testified that a variety of articles were stolen from him in Galveston county, Texas, between June 1,1885, and August 3,1885. Witness could remember of those articles the following: One…

1Opinion of the Court

Willson, Judge.

I. Defendant gave the crockery and the caster to the witness Helen Jones at the same time. This fact is sufficient to warrant the conclusion that he took these articles at one and the same time.

II. As to the value of the crockery and caster the evidence is conflicting. Shaw, the owner of the articles, testified that their market value exceeded $20, while other witnesses placed their value at less than $20. It was for the jury to determine the question of value, and there being evidence supporting the Verdict, this court will not disturb the finding of the jury.

III. This…

2Cases cited4 opinions

  1. Johnson v. StateTexas Supreme Court · 1865
  2. Jack v. StateTexas Supreme Court · 1861
  3. Austin v. StateTexas Supreme Court · 1874
  4. Cannon v. StateTexas Supreme Court · 1848

3Cited by2 opinions

  1. Barrios, Luis NoeCourt of Criminal Appeals of Texas · 2009
  2. Barrios, Luis NoeCourt of Criminal Appeals of Texas · 2009

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