Legal Opinion

Yungman v. State

Court of Criminal Appeals of Texas

Decided June 26, 1895No. 550PublishedCited by 9 opinions

Appeal from the District Court of Uvalde. Tried below before Hon. Eugene Archer. The indictment charged defendant with horse theft in two counts. The first alleged ownership and possession in Walter Taylor. The second alleged ownership and ¡possession in Joseph Taylor. At the trial he was convicted upon the second count, the punishment being assessed at five years imprisonment in the penitentiary.

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Appeal from the District Court of Uvalde. Tried below before Hon. Eugene Archer. The indictment charged defendant with horse theft in two counts. The first alleged ownership and possession in Walter Taylor. The second alleged ownership and ¡possession in Joseph Taylor. At the trial he was convicted upon the second count, the punishment being assessed at five years imprisonment in the penitentiary. In view of the disposition made of the case on this appeal no statement of the facts can be made.

1Opinion of the Court

HURT, Presiding Judge.

This is a conviction for theft of a horse. Counsel for appellant (there being no statement of facts in the record) insists that the judgment should be reversed because appellant was deprived of the right to have his case passed upon in the light of the evidence. Under certain circumstances a judgment will be reversed because the appellant has been unjustly deprived of this right; but this will not be done unless appellant has used all reasonable diligence to procure a statement of the facts. In this case ten days were allowed after adjournment in which to procure and…

2Cited by9 opinions

  1. Conger v. StateCourt of Criminal Appeals of Texas · 1911
  2. Oliver v. StateCourt of Criminal Appeals of Texas · 1911
  3. Harris v. StateCourt of Criminal Appeals of Texas · 1912
  4. Patterson v. StateCourt of Criminal Appeals of Texas · 1911
  5. Williams v. StateCourt of Criminal Appeals of Texas · 1912

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