Legal Opinion

G. W. and E. Wright v. State

Court of Criminal Appeals of Texas

Decided May 12, 1897No. 1234PublishedCited by 24 opinions

Appeal from the District Court of Kaufman. Tried below before Hon. J. E. Dillaed. Appeal from a conviction for theft of horses; penalty, imprisonment of each defendant for five years in the penitentiary. This prosecution was for the theft of a horse, the property of one J. B. Ward.

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Appeal from the District Court of Kaufman. Tried below before Hon. J. E. Dillaed. Appeal from a conviction for theft of horses; penalty, imprisonment of each defendant for five years in the penitentiary. This prosecution was for the theft of a horse, the property of one J. B. Ward. These same parties had been indicted jointly for the theft of a horse belonging to Jim Towsen, which had been taken at the same time as the Ward horse in question; and, upon trial for the theft of the Towsen horse, they had been acquitted. They pleaded this former acquittal, for the theft of the Towsen horse, in…

1Opinion of the Court

HENDERSON, Judge.

Appellants were jointly indicted and tried and convicted for the theft of a horse, and the punishment of each assessed at confinement in the penitentiary for a term of five years; hence this appeal. Appellants filed and presented a plea of former acquittal. On motion of the State, this was stricken out, and the court refused to hear testimony thereon, and this is assigned as error. Appellants were jointly indicted in this case for theft of a certain horse, the property of, and from the possession 'of, one J. B. Ward. The plea of jeopardy or former acquittal shows an…

2Cited by24 opinions

  1. Bronson v. StateCourt of Criminal Appeals of Texas · 1910
  2. People v. De Sisto, New York County Courts1961
  3. Doggett v. StateCourt of Criminal Appeals of Texas · 1935
  4. Ripley v. StateCourt of Criminal Appeals of Texas · 1910
  5. Creech v. StateCourt of Criminal Appeals of Texas · 1913

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