Galloway v. State
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. J, B. Williamson. The defendant was convicted at May term, 1873, for theft from a house óf a pipe of the value of two dollars; the punishment fixed at two years in the penitentiary.
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Appeal from Rusk. Tried below before the Hon. J, B. Williamson. The defendant was convicted at May term, 1873, for theft from a house óf a pipe of the value of two dollars; the punishment fixed at two years in the penitentiary. The prosecution proved by A. D. Stroud that within twelve months next before the indictment he lost his pipe; had laid it on the counter in his store-house in Busk county; that about half an hour afterwards he looked for the pipe, but could not find it; spoke of losing it to several persons at the time; several persons were in the store trading, passing in and out of…
1Opinion of the Court
Moore, Associate Justice.
The place and manner of the alleged theft; the character and value of the missing property supposed to be stolen; the facility with which it may have passed from one person to another without occasioning sufficient observation to enable appellant to prove or even remember the name of the person from whom he may have gotten it; the slight value he attached to it; the open manner with which he used and exhibited it in the immediate vicinity of the place where it was said to be stolen; the length of time which had elapsed after the pipe was missing until it was found in…
2Cited by3 opinions
- Ridgel v. StateSupreme Court of Arkansas · 1914
- Miller v. StateCourt of Appeals of Texas · 1885
- Ross v. StateCourt of Appeals of Texas · 1884