Legal Opinion

Noe v. State

Court of Criminal Appeals of Texas

Decided February 2, 1916No. 3916Published

Appeal from the Criminal District Court of Dallas. Tried below before the Hon. W. L. Crawford, Jr. Appeal from a conviction of robbery; penalty, seven years imprisonment in the penitentiary. The evidence for the State shows that the defendant and his companion forcibly threw down the prosecuting witness, and by force took the money away from him without his consent. Upon the question of the insufficiency of the evidence: Powell v. State, 60 Texas Crim.

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Appeal from the Criminal District Court of Dallas. Tried below before the Hon. W. L. Crawford, Jr. Appeal from a conviction of robbery; penalty, seven years imprisonment in the penitentiary. The evidence for the State shows that the defendant and his companion forcibly threw down the prosecuting witness, and by force took the money away from him without his consent. Upon the question of the insufficiency of the evidence: Powell v. State, 60 Texas Crim. Kep., 201, 131 S. V. Bep., 590; Hall v. State, 72 Texas Crim. Bep., 161, 161 S. W. Bep., 457; Williams v. State, 69 Texas Crim. Bep., 163, 153…

1Opinion of the Court

PBENDEBGAST, PresidiNg Judge.

Appellant was convicted of robbery, and his punishment assessed at seven years in the penitentiary.

The indictment alleges that appellant robbed B. W. Burden of •'eleven dollars in money, which then and there passed current as money of the United States of America and of the value of eleven dollars.” All the other allegations in the indictment are regular and sufficient. Appellant contends that this description of the money was a fatal defect in the indictment. Both under our statute and the many decisions of this court, this description of the money was clearly…

2Cases cited3 opinions

  1. Ferrell v. StateCourt of Criminal Appeals of Texas · 1912
  2. Sims v. StateCourt of Criminal Appeals of Texas · 1912
  3. Sparks v. StateCourt of Criminal Appeals of Texas · 1915

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