Walton v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hall. Tried below before Hon. G. A. Brown. Appeal from a conviction of theft of cattle; penalty, two years imprisonment in the penitentiary. The indictment was a joint one against appellant and one Joe L. Beard. It contained two counts, one for the theft of “twenty head of cattle” owned by and taken from the possession of one W. Z. Drummond; the other charged them as receivers of said stolen cattle.
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Appeal from the District Court of Hall. Tried below before Hon. G. A. Brown. Appeal from a conviction of theft of cattle; penalty, two years imprisonment in the penitentiary. The indictment was a joint one against appellant and one Joe L. Beard. It contained two counts, one for the theft of “twenty head of cattle” owned by and taken from the possession of one W. Z. Drummond; the other charged them as receivers of said stolen cattle. Appellant made a motion to quash the indictment because the animals were not sufficiently described in the first count, and because the offense was not charged to…
1Opinion of the Court
HEliDERSOli, Judge.
Appellant was convicted of the theft of ■cattle, and his punishment assessed at confinement in the penitentiary for a term of two years; and he prosecutes this appeal. A number of ■errors are assigned, but we will only discuss such as we deem important.
Appellant made a motion to quash the indictment, which contained two counts,—one for theft, and the other for receiving stolen property. The motion to quash the first count is based upon an insufficient ■description of the cattle; and that of the second count, because of the failure to allege that appellant fraudulently…
2Cases cited7 opinions
- Bell v. StateCourt of Criminal Appeals of Texas · 1898
- Williams v. StateCourt of Criminal Appeals of Texas · 1897
- Dawson v. StateCourt of Criminal Appeals of Texas · 1897
- Sessions v. StateCourt of Criminal Appeals of Texas · 1897
- James v. StateCourt of Criminal Appeals of Texas · 1899
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3Cited by30 opinions
- Harrell v. StateCourt of Criminal Appeals of Texas · 1994
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Fountain v. StateCourt of Criminal Appeals of Texas · 1921
- Brown v. StateCourt of Criminal Appeals of Texas · 1909
- Wells v. StateCourt of Criminal Appeals of Texas · 1931
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