Legal Opinion

Wooten v. State

Court of Criminal Appeals of Texas

Decided May 30, 1906No. 3146PublishedCited by 6 opinions

Appeal from the District Court of Henderson. Tried below before the Hon. B. H. Gardner. Appeal from a conviction for the theft of a hog; penalty, two years in the penitentiary.

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Appeal from the District Court of Henderson. Tried below before the Hon. B. H. Gardner. Appeal from a conviction for the theft of a hog; penalty, two years in the penitentiary. The State’s testimony showed that the head of a hog, feet and entrails were found in a sack in the creek, together with some old iron; that by the head of the hog and the meat found in defendant’s house the hog was identified as that of one of the neighbors of defendant; that the tracks from the house of the defendant to the place where the sack was found showed that the person who made them had no heels on his shoes,…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of hog theft, and his punishment fixed at two years confinement in the penitentiary; hence this appeal.

In the motion for new trial appellant says that the court required him to announce ready for trial in his absence. This is supported by a number of affidavits. It appears that the case was called, and the State announced ready; that appellant did not come into the courtroom for several minutes after the State announced ready for trial; and the defendant’s attorney was required to announce ready; that at the time defendant was outside the courtroom,…

2Cited by6 opinions

  1. Boone v. StateCourt of Criminal Appeals of Texas · 1921
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1919
  3. Pullen v. StateCourt of Criminal Appeals of Texas · 1913
  4. State v. KnappSouth Dakota Supreme Court · 1914
  5. McCann v. StateCourt of Criminal Appeals of Texas · 1935

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