Barfield v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hill. Tried below before Hon. J. M. Hall. Appeal from a conviction for horse-theft; penalty, three years imprisonment in the penitentiary. The indictment charged appellant with the theft of a horse belonging to one John Morgan. It alleged that the offense was committed in Hill County, “on or about the 13th day of January, 1898, and anterior to the presentment of this indictment.”
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Appeal from the District Court of Hill. Tried below before Hon. J. M. Hall. Appeal from a conviction for horse-theft; penalty, three years imprisonment in the penitentiary. The indictment charged appellant with the theft of a horse belonging to one John Morgan. It alleged that the offense was committed in Hill County, “on or about the 13th day of January, 1898, and anterior to the presentment of this indictment.” John Morgan testified that he lost his horse not in 1898, hut in June, 1896, on Sunday night before the 19th of June, and that the calendar for 1896' shows that that Sunday was the…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of the theft of a horse, and his punishment assessed at confinement in the penitentiary for a term of three years, and he appeals.
Appellant complains that the court erred in permitting the witness John Morgan to testify that he missed his horse in “June, ’96,” which testimony was objected to by defendant on the ground that the indictment alleged that the offense was committed in “June, 1898,” and that the testimony of said witness, so long anterior to the date alleged in said indictment, was incompetent and irrelevant. As indicated in the bill of…
2Cases cited4 opinions
- McGrath v. StateCourt of Criminal Appeals of Texas · 1896
- Ferguson v. StateCourt of Criminal Appeals of Texas · 1892
- Franklin v. StateCourt of Criminal Appeals of Texas · 1897
- Wade v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by11 opinions
- Klein v. StateCourt of Criminal Appeals of Texas · 2008
- Sledge v. StateCourt of Appeals of Texas · 1995
- Hickey v. StateCourt of Criminal Appeals of Texas · 1910
- Curry v. StateCourt of Criminal Appeals of Texas · 1913
- Cotton v. StateCourt of Criminal Appeals of Texas · 1919
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