Clement v. State
Court of Appeals of Texas
Appeal from the District Court of Lamar. Tried below before the Hon. D. H. Scott. The conviction was for the theft of an overcoat of the value of twenty dollars, and the punishment assessed against the appellant was a term of two years in the penitentiary. E. H. Evens was the first witness for the State. He testified, in substance, that in the fall of 1885, he occupied apartments at the boarding house of Mrs. John Harmon, in the city of Paris, Lamar County, Texas.
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Appeal from the District Court of Lamar. Tried below before the Hon. D. H. Scott. The conviction was for the theft of an overcoat of the value of twenty dollars, and the punishment assessed against the appellant was a term of two years in the penitentiary. E. H. Evens was the first witness for the State. He testified, in substance, that in the fall of 1885, he occupied apartments at the boarding house of Mrs. John Harmon, in the city of Paris, Lamar County, Texas. The witness’s overcoat, for which five or six months before he had paid the sum of thirty-five dollars, was taken from his…
1Opinion of the Court
Willson, Judge.
The indictment upon which this conviction is based was presented in court and filed April 4, 1885, and alleges the offense to have been committed on ór about November 20, 1884. It was proved on the trial, as shown by the statement of facts before us, that the offense of which the defendant stands convicted was committed in the fall of 1885, one year subsequent to the date of the commission of the offense alleged in the indictment, and subsequent also to the date of the presentment and filing of the indictment. This discrepancy between the indictment and the proof is the result,…
2Cited by4 opinions
- Monroe v. StateCourt of Criminal Appeals of Texas · 1943
- Archie v. StateCourt of Criminal Appeals of Texas · 1922
- Deming v. StateCourt of Criminal Appeals of Texas · 1944
- Moore v. StateCourt of Criminal Appeals of Texas · 1905