O'Toole v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Grayson. Tried below before Hon. Don. A. Bliss. Appeal from -a conviction of theft from the person; penalty, two years imprisonment in the penitentiary.
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Appeal from the District Court of Grayson. Tried below before Hon. Don. A. Bliss. Appeal from -a conviction of theft from the person; penalty, two years imprisonment in the penitentiary. The indictment charged that appellant, on the 1st day of October, 1897, did take from the person of John Droak, and without his knowledge, $25 (twenty-five dollars) in United States money, three silver dollars, one half dollar, and one dime and four -half dimes; all current money of the United States. No statement necessary.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of theft from the person, and his punishment assessed at confinement in the penitentiary for a term of two years; and he appeals.
Appellant complains of the action of the court in overruling his motion for continuance. Said motion is predicated on the absence of Nellie Boyd and J. J. McCanliss. As to the latter, we think the diligence used was insufficient. As to Nellie Boyd,—the former, from a statement made as to the cause of her absence,—it is doubtful if she can ever be secured. Defendant says: That he expected to prove by McCanliss that just before…
2Cited by7 opinions
- Thomas v. StateMississippi Supreme Court · 1918
- Crosswhite v. StateCourt of Criminal Appeals of Oklahoma · 1957
- Boatright v. StateCourt of Criminal Appeals of Texas · 1931
- May v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- Sullivan v. StateCourt of Criminal Appeals of Texas · 1921
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