Barber v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Lamar. Tried below before Hon. E. D. McClellan. This appeal is from a conviction of robbery, with punishment assessed at twenty years imprisonment in the penitentiary. Appellant is a negro who had, from his own statement as a witness, served a term in the penitentiary.
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Appeal from the District Court of Lamar. Tried below before Hon. E. D. McClellan. This appeal is from a conviction of robbery, with punishment assessed at twenty years imprisonment in the penitentiary. Appellant is a negro who had, from his own statement as a witness, served a term in the penitentiary. The party robbed was an old negro who lived in the Chickasaw Nation Indian Territory, and who had come to Paris to employ an attorney to defend his son, who .was under indictment in the Federal Court. His testimony, on examination in chief, was as follows: Dave Franklin, the first witness for…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of robbery, given 20 years in the penitentiary, and prosecutes this appeal. There are no bills of exception contained in the record. There were two issues presented by the evidence for the consideration of the j ury, robbery and alibi. These issues were submitted by the charge in correct and appropriate terms. After a careful review of the evidence we are of opinion the verdict is fully justified by the testimony. As a ground of the motion for a new trial it is alleged that one Frank Austin would testify on another trial, if present, that the injured…
2Cases cited3 opinions
- Wolfforth v. StateCourt of Criminal Appeals of Texas · 1892
- Wilson v. StateCourt of Criminal Appeals of Texas · 1893
- Davis v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by21 opinions
- Hicks v. StateCourt of Criminal Appeals of Texas · 1913
- Clary v. StateCourt of Criminal Appeals of Texas · 1912
- Caple v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Hale v. StateCourt of Criminal Appeals of Texas · 1932
- Young v. StateCourt of Criminal Appeals of Texas · 1920
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