Legal Opinion

Dungan v. State

Court of Criminal Appeals of Texas

Decided March 23, 1898No. 1643PublishedCited by 13 opinions

The indictment charged appellant with the theft, on or about the 24th day of February, 1897, of one head of cattle, the same being an estray, and the corporeal personal property of some one to the grand jurors unknown.

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The indictment charged appellant with the theft, on or about the 24th day of February, 1897, of one head of cattle, the same being an estray, and the corporeal personal property of some one to the grand jurors unknown. The following additional statement, which is substantially correct, is taken from appellant’s brief, viz: At the March term, 1897, of the District Court of Rains County, Texas, appellant and one A. F. Williams were separately indicted in two cases each charging them, first, with the theft of estray cattle; and second, with the theft of cattle the property of one J. R. Scott.…

1Opinion of the Court

HEEDEESOE, Judge.

Appellant was convicted of the theft of cattle, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.

It appears from the State’s testimony that the cattle alleged to have been stolen were taken in pursuance of a conspiracy between A. F. Williams and appellant, Dungan. On the trial the State introduced P. J. Holbert, who testified that some time in January or February, 1897, prior to the alleged theft, he had a conversation with one A. F. Williams, and that in said conversation said A. F. Wiliams stated that the cattle…

2Cases cited1 opinion

  1. Bluman v. StateCourt of Criminal Appeals of Texas · 1893

3Cited by13 opinions

  1. Burns v. StateCourt of Criminal Appeals of Texas · 1977
  2. Deeb v. StateCourt of Criminal Appeals of Texas · 1991
  3. Williams v. StateCourt of Criminal Appeals of Texas · 1990
  4. Vickers v. StateCourt of Criminal Appeals of Texas · 1922
  5. Steele v. StateCourt of Criminal Appeals of Texas · 1920

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