Huffman v. State
Court of Appeals of Texas
Appeal from the District Court of Wise. Tried below before Hon. J. W. Patterson. The conviction in this case was for the theft of a mare, the property ■of J. L. Voiles. The penalty assessed by the verdict was a term of five years in the penitentiary. Succinctly stated, the proof for the State establishes the ownership of the animal as alleged in the indictment, and shows that she was taken ■from her accustomed range about the time alleged.
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Appeal from the District Court of Wise. Tried below before Hon. J. W. Patterson. The conviction in this case was for the theft of a mare, the property ■of J. L. Voiles. The penalty assessed by the verdict was a term of five years in the penitentiary. Succinctly stated, the proof for the State establishes the ownership of the animal as alleged in the indictment, and shows that she was taken ■from her accustomed range about the time alleged. When taken she was branded S A. When recovered by Voiles she was in the HOF brand, with the S A brand “barred out.” Several witnesses testified to…
1Opinion of the Court
Willson, Judge.
We are unable to say, from the record, that any error was committed in admitting as evidence the extracts from the writ^ ten testimony of defendant taken on his preliminary examination before a magistrate. It is not made to appear by the bill of exception or otherwise that said testimony was not taken and authenticated in accordance with law. True, the bill of exception states that an objection made to said testimony was that said extracts were not authenticated, but the mere statement in a bill of exception, of an objection made to evidence does not establish that the ground…
2Cases cited2 opinions
- Gibbs v. LinaburyMichigan Supreme Court · 1871
- Chambers v. PeopleIllinois Supreme Court · 1883
3Cited by13 opinions
- Serrato v. StateCourt of Criminal Appeals of Texas · 1914
- Holder v. StateCourt of Criminal Appeals of Texas · 1940
- State v. BoykinIdaho Supreme Court · 1925
- Long v. StateCourt of Criminal Appeals of Texas · 1931
- State v. BoozerSupreme Court of South Carolina · 1912
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