Sinclair v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Cooke. Tried below before Hon. D. E. Barrett. This appeal is from a' conviction for bringing stolen horses from Oklahoma Territory into Cooke County, Texas, the punishment being assessed at seven years’ imprisonment in the penitentiary.
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Appeal from the District Court of Cooke. Tried below before Hon. D. E. Barrett. This appeal is from a' conviction for bringing stolen horses from Oklahoma Territory into Cooke County, Texas, the punishment being assessed at seven years’ imprisonment in the penitentiary. Omitting formal averments, the indictment charged: “That George Sinclair, late of the county of Cooke, on or about the 20th day of April, in the year of our Lord one thousand eight hundred and ninety-four, with force and arms did then and there, in the Territory of Oklahoma, fraudulently take from'the possession of A. D.…
1Opinion of the Court
HURT, Presiding Judge.
This is a conviction for the theft of two mares in Oklahoma Territory, and bringing them into Cooke County, Texas. The indictment is sufficient. Appellant stated to the grand jury that his name was Charlie Davis, and the indictment contained that name. When called upon to plead to the indictment, he suggested that his name was George Sinclair. The indictment was changed so as to charge George Sinclair with the theft. To this appellant objected, reserving his bill of exception. In this there was no error, the code requiring this to be done when the accused suggests that…
2Cited by17 opinions
- Bowden v. StateCourt of Criminal Appeals of Texas · 1982
- Reese v. StateCourt of Criminal Appeals of Texas · 1941
- Anderson v. StateCourt of Criminal Appeals of Texas · 1908
- Rios v. StateCourt of Criminal Appeals of Texas · 1916
- Shield v. StateCourt of Criminal Appeals of Texas · 1931
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