Legal Opinion

Hennessy v. State

Court of Appeals of Texas

Decided May 18, 1887No. 5445PublishedCited by 13 opinions

Appeal from the District Court of Travis. Tried below before the Hon. A. S. Walker. A term of two years in the penitentiary was the penalty imposed on the appellant by the jury, upon his conviction for forgery by altering a written account literally against “The Senate Chamber of the Twentieth Legislature,” but in effect against the State of Texas.

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Appeal from the District Court of Travis. Tried below before the Hon. A. S. Walker. A term of two years in the penitentiary was the penalty imposed on the appellant by the jury, upon his conviction for forgery by altering a written account literally against “The Senate Chamber of the Twentieth Legislature,” but in effect against the State of Texas. The indictment sets out the account as it was before the alteration, and also as it appeared after the alteration; the only difference being that in its unaltered condition it called for one hundred dollars, and in its altered condition for one…

1Opinion of the Court

Willson, Judge.

We perceive no abuse of the discretion of the trial judge in refusing defendant’s application for a continuance. As to' the witness Israel, requisite diligence to obtain his testimony is not shown. The indictment was returned into court March 17, 1887. Defendant was already under bond, taken before an examining court, to answer this charge should the grand jury present an indictment therefor against him. He states that as soon as he learned that an indictment had been presented against him he appeared before the court and entered into a recognizance, but we are not informed by…

2Cited by13 opinions

  1. Campbell v. StateCourt of Criminal Appeals of Texas · 1956
  2. McDonald v. StateCourt of Criminal Appeals of Texas · 1964
  3. Vaughn v. StateCourt of Criminal Appeals of Texas · 1939
  4. Cobb v. StateCourt of Criminal Appeals of Texas · 1926
  5. Hewey v. StateCourt of Criminal Appeals of Texas · 1920

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