Powell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before Hon. Irby Dunklin. Appeal from a conviction of theft by obtaining money, etc., by false pretenses; penalty, three years imprisonment in the penitentiary. The indictment charged appellant with the theft, by false pretenses, of money and Hew York exchange from John L. Barlow. John L. Barlow testified: “My name is John L. Barlow.
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Appeal from the District Court of Tarrant. Tried below before Hon. Irby Dunklin. Appeal from a conviction of theft by obtaining money, etc., by false pretenses; penalty, three years imprisonment in the penitentiary. The indictment charged appellant with the theft, by false pretenses, of money and Hew York exchange from John L. Barlow. John L. Barlow testified: “My name is John L. Barlow. I was in Fort Worth, Texas, on the 36th day of March, 1901. I came here from Stephenville, for the purpose of buying a ticket to California. I know the defendant. I first met him at a restaurant here in Fort…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of theft, and given three years in the penitentiary.. Appellant made a motion to quash the second count in the indictment on the ground that the same sets up no offense against the laws of the State, and that there was a variance between the alleged false and fraudulent representations in the indictment and the traverse of said representations. Appellant has not called our attention to any variance between the allegations in said indictment, and we have found none. However, the trial court submitted only the first count to the jury, which charged…
2Cases cited2 opinions
- Cline v. StateTexas Supreme Court · 1875
- Curtis v. StateCourt of Criminal Appeals of Texas · 1892
3Cited by3 opinions
- Segal v. StateCourt of Criminal Appeals of Texas · 1924
- Lewis v. StateCourt of Criminal Appeals of Texas · 1914
- Underwood v. StateCourt of Criminal Appeals of Texas · 1906