Emmerson v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Denton. Tried below before Hon. D. E. Bakrett. Tbe indictment, wbicb was for borse theft, contained three counts. 1. That tbe borse was tbe property of, and stolen from tbe possession of D. 0. Lay. 2. That the borse was tbe property of C. C. Fowler, and stolen from tbe possession of D. C. Lay. 3. That tbe borse was tbe property of 0. C. Fowler, and stolen from tbe possession of one B. B. Mathis.
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Appeal from tbe District Court of Denton. Tried below before Hon. D. E. Bakrett. Tbe indictment, wbicb was for borse theft, contained three counts. 1. That tbe borse was tbe property of, and stolen from tbe possession of D. 0. Lay. 2. That the borse was tbe property of C. C. Fowler, and stolen from tbe possession of D. C. Lay. 3. That tbe borse was tbe property of 0. C. Fowler, and stolen from tbe possession of one B. B. Mathis. Tbe third count was quashed on motion of defendant. At tbe trial defendant was convicted, bis punishment being assessed at five years’ imprisonment in tbe…
1Opinion of the Court
SIMKIifS, Judge.
Appellant was convicted of horse theft and his punishment assessed at five years. There are but three questions that need be considered:
1. Did the court err in overruling the application for continuance? The absent witness, T. Z. Davis, would testify “he saw defendant purchase the alleged stolen horse, for a valuable consideration, in Fort Worth.” This application is too indefinite to be considered. The facts, not mere conclusions, should be set forth. Rollins’ case, 32 Texas Crim. Rep., 566.
2. The evidence is clearly sufficient to warrant the conviction. Appellant was seen at…
2Cases cited1 opinion
- Rollins v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by13 opinions
- Gibson v. St. Paul Fire & Marine InsuranceWest Virginia Supreme Court · 1936
- State v. KeelenOregon Supreme Court · 1922
- Bryan v. StateCourt of Criminal Appeals of Texas · 1908
- Dedmon v. StateCourt of Criminal Appeals of Texas · 1972
- Harbin v. StateAlabama Court of Appeals · 1923
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