Legal Opinion

Usher v. State

Court of Criminal Appeals of Texas

Decided May 4, 1904No. 2693PublishedCited by 12 opinions

Appeal from the District Court of Wilson. Tried below before Hon. M. Kennon. Appeal from a conviction of forgery; penalty, five years imprisonment in the penitentiary. The State proved by the testimony of G. P. Palmer, one of the alleged sureties on the alleged forged note, that he had not signed said instrument or authorized any.one to sign it for him.

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Appeal from the District Court of Wilson. Tried below before Hon. M. Kennon. Appeal from a conviction of forgery; penalty, five years imprisonment in the penitentiary. The State proved by the testimony of G. P. Palmer, one of the alleged sureties on the alleged forged note, that he had not signed said instrument or authorized any.one to sign it for him. Said Palmer also testified that he did not see defendant in Floresville on May 12, 1903, and had no conversation with him, and did not authorize him to use his name on any paper whatever. That he did not see any man named P. S. Johnson there…

1Opinion of the Court

HENDERSON, Jupge.

Appellant was convicted of forgery, and his punishment assessed at five years’ confinement in the penitentiary; and prosecutes this appeal.

Appellant made a motion to continue the case, based on the absence of witness P. S. Johnson and also of his counsel. The sheriff’s return was that Johnson could not be found in the county after diligent search. Appellant says he expected to prove by said witness that he was present at the time when G. P. Palmer authorized him (appellant) to sign his (Palmer’s) name to said note. In the motion for new trial, which brought up the action of…

2Cases cited3 opinions

  1. Webb v. StateCourt of Criminal Appeals of Texas · 1898
  2. Lucas v. StateCourt of Criminal Appeals of Texas · 1898
  3. Carder v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by12 opinions

  1. Caraway v. StateCourt of Criminal Appeals of Texas · 1923
  2. Sullenger v. StateCourt of Criminal Appeals of Texas · 1916
  3. Davis v. StateCourt of Criminal Appeals of Texas · 1913
  4. Davis v. StateCourt of Criminal Appeals of Texas · 1913
  5. Watson v. StateCourt of Criminal Appeals of Texas · 1917

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