Legal Opinion

Green v. State

Court of Appeals of Texas

Decided May 3, 1890No. 6876PublishedCited by 4 opinions

Appeal from the District Court of Houston. Tried below before Hon. • F. A. Williams. The opinion discloses the nature of the case. The penalty assessed by the verdict was a term of two years in the penitentiary. Zach Tolliver, the alleged injured party, testified, in substance, that he and six or seven others, including the defendant, spent the greater part of Christmas Eve night, 1889, playing cards in an apartment in the rear of a saloon in Crockett, Texas.

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Appeal from the District Court of Houston. Tried below before Hon. • F. A. Williams. The opinion discloses the nature of the case. The penalty assessed by the verdict was a term of two years in the penitentiary. Zach Tolliver, the alleged injured party, testified, in substance, that he and six or seven others, including the defendant, spent the greater part of Christmas Eve night, 1889, playing cards in an apartment in the rear of a saloon in Crockett, Texas. When defendant had lost all of his money he asked the witness to lend him 25 cents, which amount the witness agreed to give him, but…

1Opinion of the Court

White, Presiding Judge.

This appeal is from a judgment of conviction for the crime of theft from the person. Penal Code, arts. 744, 745. The two modes by which this offense may be "committed as laid down in article 745, subdivision 2, were separately charged, two counts being used in the indictment for that purpose. The property alleged to have been stolen is described as “one five-dollar bill in money, of the value of five dollars.”, A motion was made in arrest of judgment upon the ground, mainly, that the property was insufficiently described, if indeed it was described at all. It is…

2Cases cited2 opinions

  1. Dignowitty v. StateTexas Supreme Court · 1856
  2. Flynn v. StateTexas Supreme Court · 1874

3Cited by4 opinions

  1. Wood v. StateCourt of Criminal Appeals of Texas · 1982
  2. Sims v. StateCourt of Criminal Appeals of Texas · 1912
  3. Hunter v. StateCourt of Criminal Appeals of Texas · 1931
  4. Wood v. StateCourt of Criminal Appeals of Texas · 1982

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