Smith v. State
Court of Appeals of Texas
Appeal from the District Court of Erath. Tried below before the Hon. T. L. Nugent. The appellant, Jim Smith, Dave Smith, Tom Saunders, Frank Saunders and Bud Taylor, were jointly indicted for the theft of five head of cattle, the property of Eugene M. Trammell, and eight head of cattle, the property of W. A. Trammell, in Erath county, Texas, on the fifteenth day of July, 1885. The appellant being alone upon trial, was convicted, and his punishment was assessed at a term of…
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Appeal from the District Court of Erath. Tried below before the Hon. T. L. Nugent. The appellant, Jim Smith, Dave Smith, Tom Saunders, Frank Saunders and Bud Taylor, were jointly indicted for the theft of five head of cattle, the property of Eugene M. Trammell, and eight head of cattle, the property of W. A. Trammell, in Erath county, Texas, on the fifteenth day of July, 1885. The appellant being alone upon trial, was convicted, and his punishment was assessed at a term of five years in the penitentiary. Eugene M. Trammell was the first witness for the State. He testified that he and the…
1Opinion of the Court
White, Presiding Judge.
Six parties were jointly charged with the theft of the cattle mentioned in the indictment, to-wit, M. M. Smith (this appellant), Jim Smith, Dave Smith, Tom Saunders, Frank Saunders, and Bud Taylor. A severance was had and each of the parties was tried separately. Bud Taylor was tried before this appellant, but his conviction was set aside and a new trial awarded him after the conviction of this appellant.
We will make a brief and succinct statement of such of the material facts shown in evidence as are necessary to explain and illustrate the questions presented on this…
2Cases cited2 opinions
- Scott v. StateSupreme Court of Alabama · 1857
- Gilbraith v. StateTexas Supreme Court · 1874
3Cited by16 opinions
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- McInnis v. StateCourt of Criminal Appeals of Texas · 1932
- Roberts v. StateCourt of Criminal Appeals of Texas · 1964
- Marks v. StateCourt of Criminal Appeals of Texas · 1942
- Spivey v. StateCourt of Criminal Appeals of Texas · 1942
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