Legal Opinion

Brady v. State

Court of Appeals of Texas

Decided June 25, 1886No. 3981PublishedCited by 3 opinions

Appeal from the District Court of Travis. Tried below before the Hon. A. S. Walker. The conviction in this case was for the embezzlément of thirty-eight dollars and seventy-eight cents, the property of J. H. Patterson, in Travis county, Texas, on the first day of November, 1885. The opinion states sufficiently the purport of the testimony of Messrs. Patterson and Dahlich, the only witnesses in the case. The motion for new trial raised the questions discussed in the opinion.

1Opinion of the Court

Hurt, Judge.

This is a conviction for embezzlement. When defendant was put upon trial he interposed a plea in bar of the prosecution, which was held bad upon demurrer, and this is the first question presented.

Did this plea show former jeopardy, such as would bar a farther prosecution? The facts set out in this plea are, in substance, *660that he had on a former day of the term, to-wit, on the tenth of April, 1886, been put upon trial upon this indictment; that he pleaded not guilty; that a jury was duly impaneled' and sworn; that the case was submitted t<5 the jury upon the law, evidence, and…

2Cases cited1 opinion

  1. State v. JohnsonTexas Supreme Court · 1858

3Cited by3 opinions

  1. Sherrick v. StateIndiana Supreme Court · 1906
  2. Scisson v. StateCourt of Criminal Appeals of Texas · 1932
  3. Villareal v. StateCourt of Criminal Appeals of Texas · 1917

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