Legal Opinion

Allison v. State

Court of Appeals of Texas

Decided April 28, 1883No. 2711Published

Appeal from the District Court of Hays. Tried below before the Hon. L. W. Moore. The indictment charged the appellant with the theft of a horse, the property of Eli Justice, in Hays county, on the eleventh day of March, 1883. He was convicted, and awarded a term of five years in the penitentiary as punishment. Ed. Massey was the first witness for the State.

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Appeal from the District Court of Hays. Tried below before the Hon. L. W. Moore. The indictment charged the appellant with the theft of a horse, the property of Eli Justice, in Hays county, on the eleventh day of March, 1883. He was convicted, and awarded a term of five years in the penitentiary as punishment. Ed. Massey was the first witness for the State. He testified as follows: “On the morning of March 11, 1883, the defendant came to my house, and told me that he was going to steal Eli Justice’s horse. He left my house and went up on the mountain. Some time after I went into the range,…

1Opinion of the Court

White, Presiding Judge.

From the evidence before us it does not appear that the witness Massey was an accomplice. He had been informed by defendant of his (defendant’s) intention to steal Justice’s horse, and he immediately told Justice’s sons, and Justice himself subsequently, of defendant’s intention. It is true that Justice and Massey then arranged that Justice should have his horse at a certain place, doubtless with a view that they might capture defendant in the very act of committing ■the theft, and it is' inferable that there was a further understanding between the parties that Massey…

2Cases cited3 opinions

  1. Pigg v. StateTexas Supreme Court · 1875
  2. State v. AllenTexas Supreme Court · 1867
  3. Strait v. StateTexas Supreme Court · 1875

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