Mondragon v. State
Texas Supreme Court
Appeal from Comal. Tried below before tbe Hon. M. B. Walker. The appellant was indicted at the October term, 1869, of the Criminal Court of the city of San Antonio, for burglariously entering a house and stealing therefrom a pair of gaiters, a shawl and twelve yards of merino. He made an application for a change of the venue, based on affidavits that so great a prejudice had been excited against him that he could not get a fair trial in Bexar county.
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Appeal from Comal. Tried below before tbe Hon. M. B. Walker. The appellant was indicted at the October term, 1869, of the Criminal Court of the city of San Antonio, for burglariously entering a house and stealing therefrom a pair of gaiters, a shawl and twelve yards of merino. He made an application for a change of the venue, based on affidavits that so great a prejudice had been excited against him that he could not get a fair trial in Bexar county. There seems to have been no controversy over the change of venue, except as to the county to which the cause should he removed. The court in…
1Opinion of the CourtLxwdsay, J.
Two prominent objections are urged in the assignment of errors against the verdict and judgment of conviction in this case. There are other grounds assigned; but they require no particular notice. The objections are, first, that no jurisdiction of the cause was acquired in Comal county by the order changing the venue from Bexar county, where the offense is charged to have been committed; second, that the court erred in giving the unqualified charge to the jury, that “if the stolen property is traced to the possession of the defendant, he must show that he cams lawfully by it, or the law…
2Cited by5 opinions
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- Williams v. StateCourt of Appeals of Texas · 1881