Legal Opinion

McCulloch v. State

Court of Criminal Appeals of Texas

Decided December 4, 1895No. 1257PublishedCited by 15 opinions

Appeal from the District Court of Coke. Tried below before Hon. J. W. Timmins. This appeal is from a conviction for horse theft, the punishment being assessed at five years’ imprisonment in the ])enitentiary. No statement necessary.

1Opinion of the Court

DAVIDSON, Judge.

Appellant in this case was convicted of the theft of a horse, and given five years in the penitentiary. He assigns as error the overruling of his motion for a continuance. The record shows that the indictment was presented in court on the 4th day of November, 1894; that a trial of this case was had at the November term, 1895; so that between the term of court at which the indictment in this case was found, and the trial, there intervened the April term, 1895, of the court. The application for a continuance in this case does not show that it was a first application, and there…

2Cited by15 opinions

  1. Mexican Central Railway Co. v. MittenCourt of Appeals of Texas · 1896
  2. Portwood v. PortwoodCourt of Appeals of Texas · 1937
  3. Johnson v. Employers Liability Assur. Corp.Court of Appeals of Texas · 1936
  4. Strawn Mercantile Co. v. First Nat. Bank of StrawnCourt of Appeals of Texas · 1925
  5. Bosley v. StateCourt of Criminal Appeals of Texas · 1913

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