Guest v. State
Court of Appeals of Texas
Appeal from the District Court of Red River. Tried below before the Hon. D. H. Scott. The conviction in this case was had under an indictment which charged the appellant with the theft of four head of cattle, the property of J. R. Johnson, in Red river county, Texas, on the fifteenth day of April, 1887. The penalty assessed against the appellant was a fine of two hundred and twenty-five dollars.
Read the full summary
Appeal from the District Court of Red River. Tried below before the Hon. D. H. Scott. The conviction in this case was had under an indictment which charged the appellant with the theft of four head of cattle, the property of J. R. Johnson, in Red river county, Texas, on the fifteenth day of April, 1887. The penalty assessed against the appellant was a fine of two hundred and twenty-five dollars. The opinion of the court discloses the proceedings under which this result was reached. The transaction involved in this prosecution is the same for which, in a previous trial, the appellant was…
1Opinion of the Court
Willson, Judge.
I. Conceding that, under an indictment ■charging theft in the usual form, a defendant may be convicted of the theft defined by article 749 of the Penal Code, or of the misdemeanor defined by article 767 of the Penal Code, and that the court did not err in so instructing the jury, still we must hold that the verdict should with reasonable certainty show, of *532which offense—the felony, or the misdemeanor—tlie defendant tvas found guilty. In this case the verdict reads: “We, the jury, find the defendant guilty as charged in the bill of indictment, and assess his punishment at a fine…
2Cases cited5 opinions
- Buster v. StateTexas Supreme Court · 1874
- Slaughter v. StateTexas Supreme Court · 1859
- Alston v. StateTexas Supreme Court · 1874
- Horseman v. StateTexas Supreme Court · 1875
- Warren v. Wallis, Landes & Co.Texas Supreme Court · 1874
3Cited by2 opinions
- Ex Parte JohnsonCourt of Criminal Appeals of Texas · 1985
- Ex Parte JohnsonCourt of Criminal Appeals of Texas · 1985