Brown v. State
Court of Appeals of Texas
Appeal from the District Court of Travis. Tried below before the Hon, A. S. Walker. The indictment charged that the appellant, on April 21, 1882, in the county of Travis, did unlawfully and fraudulently take, steal and carry away from the possession of Stephen Harrison, two horses, worth forty dollars each, the property of said Harrison, etc.
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Appeal from the District Court of Travis. Tried below before the Hon, A. S. Walker. The indictment charged that the appellant, on April 21, 1882, in the county of Travis, did unlawfully and fraudulently take, steal and carry away from the possession of Stephen Harrison, two horses, worth forty dollars each, the property of said Harrison, etc. The case came to trial in November, 1883, and the jury returned a verdict finding the appellant guilty of receiving stolen property knowing it to have been stolen, and assessed his punishment at a term of nine years in the penitentiary.
1DissentWhite, Presiding Judge
Our Penal Codes, adopted in 1857, professed and were adopted with a view of creating and establishing in Texas a full and complete system of criminal law, perfect in itself and wholly independent, so far as crimes and their character and nature were concerned, of any system of foreign laws written or unwritten. All offenses were defined in the Code, and the common law could only be resorted *583to upon questions of evidence where the rule was not prescribed' in the Code of Procedure, or when the common low vas not inj contravention of some rule therein prescribed. Many offenses as known at common…
2Cases cited1 opinion
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