Mathews v. State
Court of Criminal Appeals of Texas
Appellant requested a severance on the trial, which having been, granted, he was alone placed on trial, and the trial resulted in his conviction, with the punishment assessed.at two years in the penitentiary. John Solomon testified, in substance: That he missed the cattle from his "pasture in Cooke County about the 9th of March. A few weeks after-wards he found them in Montague County in possession of a party who was driving them to the Indian Territory.
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Appellant requested a severance on the trial, which having been, granted, he was alone placed on trial, and the trial resulted in his conviction, with the punishment assessed.at two years in the penitentiary. John Solomon testified, in substance: That he missed the cattle from his "pasture in Cooke County about the 9th of March. A few weeks after-wards he found them in Montague County in possession of a party who was driving them to the Indian Territory. That this party had bought the cattle from John O’Brien, and that when he, witness, had proved his title, this party gave him an order upon…
1Opinion of the Court
DAVIDSON, Judge.
This appeal is prosecuted from a conviction of cattle theft.
1. Without a bill of exceptions reserved, the action of the court refusing a continuance will not be revised on appeal. Willson’s Crim, Proc., sec. 2187.
2. Error is assigned because of the supposed failure of the court to instruct the jury in regard to defendant’s explanation of his possession of the alleged stolen cattle. Upon this phase of the case the court charged the jury as follows, to-wit: “If you find that defendant bought the two head of cattle he is charged with stealing, or if you have a reasonable doubt as…
2Cases cited1 opinion
- Conners v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by14 opinions
- Harris v. StateCourt of Criminal Appeals of Texas · 1973
- Wheeler v. StateCourt of Criminal Appeals of Texas · 1895
- France v. StateCourt of Criminal Appeals of Texas · 1945
- Ford v. StateCourt of Criminal Appeals of Texas · 1899
- Yantis v. StateCourt of Criminal Appeals of Texas · 1912
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