Abrigo v. State
Court of Appeals of Texas
Appeal from the District Court of Starr. Tried below before Hon. J. C. Russell. The conviction was for the theft of a mule, the property of B. Longorio, in Starr County, Texas. The penalty assessed was a term of five years in the penitentiary. The rulings on this appeal call for no statement of the evidence except that bearing upon the question of venue.
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Appeal from the District Court of Starr. Tried below before Hon. J. C. Russell. The conviction was for the theft of a mule, the property of B. Longorio, in Starr County, Texas. The penalty assessed was a term of five years in the penitentiary. The rulings on this appeal call for no statement of the evidence except that bearing upon the question of venue. Upon that point, Longorio, the owner of the animal, testified that the mule in question, with two others, was stolen from him about the 18th or 19th of November, 1889. The two others came home in February, 1890. The other (the one in…
1Opinion of the Court
WHITE, Presiding Judge.
1. Defendant was indicted on the 18th day of June, 1890. He was arrested the next day (the 19th), and placed in jail. He immediately sued out attachments for his witnesses, all of Whom resided in counties other than that of the prosecution. Said at*146tachments were duly forwarded by mail, but none of them had been returned on the day when the case was called for trial, to-wit, the 23d day of June, 1890. He made an application for a continuance based upon the absence of these witnesses. Their proposed testimony was for the purpose of establishing an .alibi for the…
2Cited by8 opinions
- State v. FrisbeeCourt of Criminal Appeals of Oklahoma · 1912
- Blair v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Gill v. Board of CommissionersSupreme Court of North Carolina · 1912
- Wilson v. StateCourt of Criminal Appeals of Texas · 1932
- Furnace v. StateCourt of Criminal Appeals of Texas · 1916
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