Legal Opinion

Bell v. State

Court of Criminal Appeals of Texas

Decided November 23, 1898No. 1905PublishedCited by 36 opinions

Appeal from the District Court of Hardin. Tried below before Hon. L. B. Hightower. Appeal from a conviction for the theft of two head of cattle; penalty, two years imprisonment in the penitentiary. The important facts of the ease are sufficiently summed up in the opinion.

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Appeal from the District Court of Hardin. Tried below before Hon. L. B. Hightower. Appeal from a conviction for the theft of two head of cattle; penalty, two years imprisonment in the penitentiary. The important facts of the ease are sufficiently summed up in the opinion. Defendant presented two special requested instructions, as follows, viz: “You are further charged, that a conspiracy to commit crime is always a question of fact to be established like any other fact to the satisfaction of the jury beyond a reasonable doubt, and can not be established by the uncorroborated testimony of a…

1Opinion of the Court

HENDERSOU, Judge.

Appellant was convicted of the theft of cattle, and his punishment assessed at confinement in the penitentiary for .a term of two years; hence this appeal.

The theory of the State, mainly supported by the testimony of Pelt, was that the two yearlings in question were taken by Pelt (an accomplice) and the defendant from the range in pursuance to a conspiracy, were driven into the pasture of appellant, and the next day they were driven by appellant to Beaumont, some twenty miles, and there sold. The testimony tending to corroborate the State’s testimony of appellant’s connection…

2Cited by36 opinions

  1. Walton v. StateCourt of Criminal Appeals of Texas · 1900
  2. Carbough v. StateCourt of Criminal Appeals of Texas · 1906
  3. Harrison v. StateCourt of Criminal Appeals of Texas · 1904
  4. Beeson v. StateCourt of Criminal Appeals of Texas · 1910
  5. Crenshaw v. StateCourt of Criminal Appeals of Texas · 1905

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