Legal Opinion

Arcia v. State

Court of Appeals of Texas

Decided November 13, 1889No. 3224PublishedCited by 7 opinions

Appeal from the District Court of Webb. Tried below before Hon. J. 0. Russell. The conviction in this case was for receiving and concealing stolen property, knowing it to be stolen. The penalty assessed against the appellant was a term of four years in the penitentiary. The opinion sufficiently discloses the case.

1Opinion of the Court

White, Presiding Judge.

Appellant was convicted for receiving and concealing stolen property, knowing the same to have been stolen.

The indictment charged that the offense was committed on or about June 8, 1888. This indictment was presented in court and filed on June 11, 1888. It is fundamental that the proof must correspond with the allegations. With regard to the allegation in an indictment of the time of the commission of the crime, the rule is also well settled by our statute that “ the time mentioned must be some date anterior to the presentment *200of the indictment, and not so remote that…

2Cases cited4 opinions

  1. San Antonio & Aransas Pass Ry. Co. v. RobinsonTexas Supreme Court · 1889
  2. O'Connell v. StateTexas Supreme Court · 1857
  3. Spivey v. StateSupreme Court of Alabama · 1855
  4. Martin v. StateTexas Supreme Court · 1859

3Cited by7 opinions

  1. State v. McKinneySupreme Court of Kansas · 1907
  2. Anthony Woodall v. State, Texas Court of Appeals, 6th District (Texarkana)2012
  3. People v. NashCalifornia Court of Appeal · 1911
  4. State v. ToddWashington Supreme Court · 1927
  5. Bilby v. StateCourt of Criminal Appeals of Texas · 1931

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