Williams v. State
Court of Appeals of Texas
Appeal from the County Court of Rains. Tried below before the Hon. E. P. Kearby, County Judge. The conviction in this case was for theft of property of value less than twenty dollars. The penalty assessed against the appellant was a fine of twenty-five dollars, and confinement in the county jail for one hour.
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Appeal from the County Court of Rains. Tried below before the Hon. E. P. Kearby, County Judge. The conviction in this case was for theft of property of value less than twenty dollars. The penalty assessed against the appellant was a fine of twenty-five dollars, and confinement in the county jail for one hour. The charging part of the information reads as follows: “* * * T. A. Williams, on or about the fourteenth day of December, A. D. 1884, in Rains county, Texas, did fraudulently take, steal and carry away seven hundred and thirty feet of lumber, of the value of one dollar per hundred feet,…
1Opinion of the Court
White, Presiding Judge.
On a former appeal in this case (19 Texas Ct. App., 409), the prosecution was dismissed on account of the omission of an essential averment in the information. By striking out and eliminating as surplusage certain unnecessary statements and averments, we are of opinion the present information can be held good for the theft of seven hundred and thirty feet of lumber belonging to Vincent, Abercrombie and Reeves, as trustees, etc., which was taken from the possession of one Stivers, holding the same for the owners, by means of a false and fraudulent pretext, to wit, that…
2Cited by2 opinions
- Fogel v. StateCourt of Criminal Appeals of Texas · 1932
- Putty v. StateCourt of Criminal Appeals of Texas · 1932