Brown v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Frio. Tried below before Hon. M. F. Lowe. Appeal from a conviction of cattle-theft; penalty, two years imprisonment in the penitentiary. The indictment charged appellant alone with the theft of cattle, the property of W. J. Slaughter. One Tom" Sharp was by another separate indictment charged with the theft of the same animal.
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Appeal from the District Court of Frio. Tried below before Hon. M. F. Lowe. Appeal from a conviction of cattle-theft; penalty, two years imprisonment in the penitentiary. The indictment charged appellant alone with the theft of cattle, the property of W. J. Slaughter. One Tom" Sharp was by another separate indictment charged with the theft of the same animal. When this case was called for trial appellant made a motion, in conformity with the statute, for a severance for the purpose of having the said Tom Sharp first tried. When defendant presented this motion, the district attorney announced…
1Opinion of the Court
Appellant was convicted of theft of cattle, and his punishment assessed at confinement in the penitentiary for a term of two years; and he prosecutes this appeal.
Appellant was jointly indicted with one Tom Sharp for the theft of the yearling in question. On the trial appellant filed his affidavit under article 707, Code of Criminal Procedure, for a severance, claiming there was not sufficient evidence against his codefendant, Sharp, to secure his conviction; and that he desired him tried first, for the purpose of securing his evidence. The district attorney objected to said motion for…
2Cases cited1 opinion
- Johnson v. StateTexas Supreme Court · 1870
3Cited by17 opinions
- Jones v. StateCourt of Criminal Appeals of Texas · 1919
- Saucier v. StateCourt of Criminal Appeals of Texas · 1950
- Hobbs v. StateCourt of Criminal Appeals of Texas · 1908
- Puryear v. StateCourt of Criminal Appeals of Texas · 1906
- Addison v. StateCourt of Criminal Appeals of Texas · 1919
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