Legal Opinion

Otero v. State

Court of Appeals of Texas

Decided December 5, 1891No. 3919PublishedCited by 8 opinions

Appeal from the District Court of Tarrant. Tried below before Hon. N. A. Stedman. Appellant was indicted for the theft of $20 in money, and at his trial was convicted, with a punishment assessed at two years in the penitentiary. The evidence in the case is as follows, to-wit: Joe Otero, a witness for the State, being sworn, says: My name is Joe Otero. The defendant’s name is Joseph Bufus Otero.

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Appeal from the District Court of Tarrant. Tried below before Hon. N. A. Stedman. Appellant was indicted for the theft of $20 in money, and at his trial was convicted, with a punishment assessed at two years in the penitentiary. The evidence in the case is as follows, to-wit: Joe Otero, a witness for the State, being sworn, says: My name is Joe Otero. The defendant’s name is Joseph Bufus Otero. Some time ago, since Christmas, and just before I went before the grand jury as a witness in this case, one morning I was at my place of business, a saloon, corner Twelfth and Busk streets, in Fort…

1Opinion of the Court

DAVIDSON, Judge.

Omitting such portions as are unnecessary to be considered in determining the questions involved in this appeal, the indictment charges, “that one R. Otero * * * clicl unlawfully and fraudulently take $20 in money, the same being corporeal personal property of Joe Otero, from said owner’s possession without his consent, with the intent to deprive said owner of the value thereof, and to appropriate the same to the use and benefit of him, the said R. Otero.” * * *

The money taken was in fact the property of the alleged owner, and was sent him by his father in a letter through the…

2Cited by8 opinions

  1. Neufield v. United StatesCourt of Appeals for the D.C. Circuit · 1941
  2. Armstrong v. StateCourt of Criminal Appeals of Texas · 1932
  3. Cousins v. StateCourt of Criminal Appeals of Texas · 1949
  4. State v. PhillipsWashington Supreme Court · 1902
  5. Alderman v. StateSupreme Court of Florida · 1924

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