Legal Opinion

Weaver v. State

Court of Criminal Appeals of Texas

Decided March 26, 1895No. 728PublishedCited by 3 opinions

Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Gavin. This appeal is from a.conviction for theft of one head of cattle, the property of one J. H. W. Cobb, the punishment of appellant being assessed at a term of two years in the penitentiary. Ho statement necessary.

1Opinion of the Court

HENDERSON, Judge.

The appellant was tried and convicted of theft of one head of cattle, and his punishment assessed at two years in the penitentiary, and from the judgment of the court he prosecutes this appeal. The appellant assigns as error the overruling of his ' motion for a continuance. Said motion contains two grounds: (1) The absence of defendant’s counsel, Lock McDaniel; (2) the absence of the witness Cherry.

As to the first, it appears that what McDaniel did in the case was voluntarily done, without any employment, and if he ever was of counsel for defendant, he had withdrawn from the…

2Cited by3 opinions

  1. Thomas v. StateCourt of Criminal Appeals of Texas · 1918
  2. Bosley v. StateCourt of Criminal Appeals of Texas · 1913
  3. Leaks v. StateCourt of Criminal Appeals of Texas · 1935

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