Legal Opinion

McClure v. State

Court of Appeals of Texas

Decided October 10, 1888No. 2894PublishedCited by 5 opinions

Appeal from the County Court of Anderson. Tried below before the Hon. John N. Link, County Judge. This conviction was for the false imprisonment of one M. B. Wolverton, the indictments impleading W. G. McClure and J. A. Kelley jointly with the appellant. This appeal, however, involves only the appellant, against whom a fine of twenty-five dollars was assessed as punishment.

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Appeal from the County Court of Anderson. Tried below before the Hon. John N. Link, County Judge. This conviction was for the false imprisonment of one M. B. Wolverton, the indictments impleading W. G. McClure and J. A. Kelley jointly with the appellant. This appeal, however, involves only the appellant, against whom a fine of twenty-five dollars was assessed as punishment. M. B. Wolverton, the State’s only witness, testified that, being in Palestine with his wagon, he bought an empty molasses barrel from the store of W. M. Lacy, of Prank Lacy, one of the clerks, for one dollar and fifty…

1Opinion of the Court

Hurt, Judge.

In this case appellant was convicted for false imprisonment and fined twenty-five dollars.

The learned judge read to the jury the law governing the punishment to be assessed in the event of a verdict of guilty. Counsel for appellant requested a certain instruction, which was refused, and exceptions were reserved. That instruction was proper, was demanded by the facts of the case, and should have been given.

The evidence relied upon by the prosecution to establish imprisonment, to our minds, is wholly insufficient; that is, to establish imprisonment by appellant George McClure,…

2Cited by5 opinions

  1. Crossett v. CampbellSupreme Court of Louisiana · 1908
  2. People v. ScottUtah Supreme Court · 1894
  3. Borne v. BrownLouisiana Court of Appeal · 1986
  4. S. H. Kress & Co. v. De MontCourt of Appeals of Texas · 1920
  5. Stone v. StateCourt of Criminal Appeals of Texas · 1929

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