Calloway v. State
Court of Appeals of Texas
Appeal from the District Court of De Witt. Tried below before the Hon. H. C. Pleasants. The offence charged was the defacing the brand upon a certain steer yearling, the property of Free Green, without his consent and with intent to defraud him, etc. The verdict and judgment consigned the defendant to the penitentiary for two years. The evidence involved in the rulings is stated in the opinion.
1Opinion of the CourtWhite, P. J.
It is well established that a law which alters the legal rules of evidence, and receives less or differ*586ent testimony than the law required at the time of the commission of the offence in order to convict the offender, is ex post facto. Holt v. The State, 2 Texas, 363 ; Murray v. The State, 1 Texas Ct. App. 417.
Art. 426, which is a new provision in our Revised Code of Criminal Procedure, declaring that “where property is owned in common or jointly by two or more persons, the ownership may be alleged to be in either or all of them,” is an innovation upon the rules of practice and evidence as…
2Cases cited4 opinions
- Holt v. StateTexas Supreme Court · 1847
- Henry v. StateTexas Supreme Court · 1876
- Mathews v. StateTexas Supreme Court · 1870
- Brown v. StateTexas Supreme Court · 1872