Bain v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Motley. Tried below before Hon. J. M. Morgan. , Appeal from a conviction of theft of cattle; penalty, two years imprisonment in the penitentiary. The owner of the property testified substantially as follows: “Hodges and I went up to the defendant’s house, and when about one hundred yards of the house we saw him come to the door, and go back in the house. We rode up and Hodges hallooed ‘Hello!’ and defendant came to the door.
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Appeal from the District Court of Motley. Tried below before Hon. J. M. Morgan. , Appeal from a conviction of theft of cattle; penalty, two years imprisonment in the penitentiary. The owner of the property testified substantially as follows: “Hodges and I went up to the defendant’s house, and when about one hundred yards of the house we saw him come to the door, and go back in the house. We rode up and Hodges hallooed ‘Hello!’ and defendant came to the door. Hodges told him to come out, that he wanted to see him a minute, and the defendant started out towards us and then stopped, but finally…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of theft of cattle, and his punishment assessed at confinement in the penitentiary for a term of two years. This is the second appeal. See 7 Texas Ct. Rep., 899.
Appellant complains of the refusal of the court to exclude the testimony of B. W. Simpson and J. H. Hodges. The testimony of these witnesses as disclosed in this record is substantially the same as stated in the original opinion on the first appeal of this case. Appellant urges the same objections here. In the former appeal we held tills testimony was admissible because it did not show appellant…
2Cases cited2 opinions
- Connell v. StateCourt of Criminal Appeals of Texas · 1903
- McGee and Fuller v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by2 opinions
- Garcia v. StateCourt of Criminal Appeals of Texas · 1905
- Housden v. StateCourt of Criminal Appeals of Texas · 1936