Lawrence v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for the theft of two head of cattle, the property of R. G. Smith, wherein the verdict and judgment assessed the punishment at two years’ imprisonment in the penitentiary. The testimony shows that the two cows were branded J I on the left hip, and L S on the left side.
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This appeal is from a conviction for the theft of two head of cattle, the property of R. G. Smith, wherein the verdict and judgment assessed the punishment at two years’ imprisonment in the penitentiary. The testimony shows that the two cows were branded J I on the left hip, and L S on the left side. Smith had driven one of the cows back with other cattle to the pen; he told defendant that inasmuch as he, defendant, had bought the J I brand, he Smith, would put her and the other cow, which he described to defendant, in his, Smith’s, brand. Defendant said he had purchased the J I brand, and…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of the theft of two cows, and prosecutes this appeal. If it be conceded that his first bill of exceptions is sufficiently specific to show that the court erased a portion of his charge, it does not set forth the clause or clauses erased. But, if it did this, it does not show that such erasure took place after the charge was read to the jury and filed in the cause, and the court’s qualification of the bill makes it appear that the erasure occurred before it was read to the jury. This being true, there was clearly no error. Boothe v. State, 4 Texas Crim.…
2Cited by3 opinions
- Harrell v. StateCourt of Criminal Appeals of Texas · 1898
- Liegois v. StateCourt of Criminal Appeals of Texas · 1914
- Nolan v. StateCourt of Criminal Appeals of Texas · 1918