Dinkens v. State
Texas Supreme Court
Appeal from Grimes. Tried below before the Hon. James B. Burnett. On the 15th of August, 1874, Louis Dinkens was committed by a magistrate in default of bail, on a charge of horse-stealing. On the 13th of October following, an indictment was filed against him. The same day, on his application, an attachment was issued for a witness in Walker county, which was placed in .the hands of the proper officer.
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Appeal from Grimes. Tried below before the Hon. James B. Burnett. On the 15th of August, 1874, Louis Dinkens was committed by a magistrate in default of bail, on a charge of horse-stealing. On the 13th of October following, an indictment was filed against him. The same day, on his application, an attachment was issued for a witness in Walker county, which was placed in .the hands of the proper officer. On the 16th of October the case was called for trial, and the attachment not having been returned, the defendant made the following application for a continuance: “ The State.of Texas, \ How…
1Opinion of the CourtReeves, J.
The court did not err in overruling the motion in arrest of judgment. A gelding is specified as one of the animals which the Code makes the subject of theft, and the indictment follows the Code, and is supported by precedent. 2 Archbold’s Or. Practice and Pleading, 398.
*252It is only necessary to examine the third and fourth grounds of the motion for a new tidal, complaining of error in overruling defendant’s application for continuance and for admitting evidence of his confessions on the trial.
It appears that an attachment was issued for defendant’s witness, residing in Walker county, on the…
2Cases cited1 opinion
- Bruton v. StateTexas Supreme Court · 1858
3Cited by10 opinions
- Fr. Beck & Co. v. AvondinoCourt of Appeals of Texas · 1899
- Hockley v. PeopleSupreme Court of Colorado · 1902
- Brown v. StateCourt of Appeals of Texas · 1877
- McLey v. PeopleSupreme Court of Colorado · 1910
- Nelson v. StateCourt of Appeals of Texas · 1876
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