Garza v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Nueces. Tried below before Hon. Stanley Welch. Appeal from a conviction of cattle theft; penalty, three years imprisonment in the penitentiary. The indictment charged Alejos Garza, Manuel Dominguez, and Mauricio Garzia jointly with the theft of the cattle.
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Appeal from the District Court of Nueces. Tried below before Hon. Stanley Welch. Appeal from a conviction of cattle theft; penalty, three years imprisonment in the penitentiary. The indictment charged Alejos Garza, Manuel Dominguez, and Mauricio Garzia jointly with the theft of the cattle. They were jointly tried, and the verdict of the jury was: “We the jury find the defendants guilty as charged in the indictment and assess their punishment at three years confinement in the State penitentiary.”
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellants, Alejos Garza, Manuel Dominguez, and Mauricio Garcia, were convicted of cattle theft. The indictment alleged the possession in E. B. Baymond, who was holding the same for the owner Mrs. H. M. King, and negatives the consent of both. Mrs. King was sick at the time of the trial, and had been for some time. She was therefore unable to attend the court, and did not testify. The evidence further shows that Kaymond had had the actual care, control, and management of the property for years; that the particular ranch of which he had control was located in Cameron…
2Cases cited4 opinions
- Cline v. StateCourt of Criminal Appeals of Texas · 1896
- Mootry and Rolly v. StateCourt of Criminal Appeals of Texas · 1896
- Davidson and Thompson v. StateCourt of Criminal Appeals of Texas · 1899
- Polk and Watts v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by4 opinions
- Davis v. StateAlabama Court of Appeals · 1913
- Walker v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Smith v. StateCourt of Criminal Appeals of Texas · 1951
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1944