Williams v. State
Court of Appeals of Texas
Appeal from the District Court of Lamar. Tried below before the Hon. D. H. Scott. The conviction in this case was for the theft of a pistol of the value of twenty dollars. The penalty assessed against the appellant was a term of two years in the penitentiary. H. S. Bettes was the first witness for the State. He testified that he was the junior member of the hardware firm of Hicks & Bettes, doing business in the city of Paris, Lamar county, Texas.
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Appeal from the District Court of Lamar. Tried below before the Hon. D. H. Scott. The conviction in this case was for the theft of a pistol of the value of twenty dollars. The penalty assessed against the appellant was a term of two years in the penitentiary. H. S. Bettes was the first witness for the State. He testified that he was the junior member of the hardware firm of Hicks & Bettes, doing business in the city of Paris, Lamar county, Texas. Witness knew the defendant as Tom Williams. Some time in December, 1886, Deputy Sheriff J. A Booth summoned witness' to the court house in Paris to…
1Opinion of the Court
Willson, Judge.
For the purpose of establishing identity in developing the res gestee, or to prove guilt by circumstances connected" with the theft, or to show the intent with which the accused acted with respect to the property for which he is on trial, it is competent for the State to prove the theft of other property at the same time and place of the theft of the property in question. (Willson’s Texas Crim. Laws, sec. 1295.) But evidence of distinct thefts committed at other times and places than the theft in question is not relevant, and is inadmissible. Such evidence does not serve…
2Cases cited2 opinions
- Gilbraith v. StateTexas Supreme Court · 1874
- Ivey v. StateTexas Supreme Court · 1875
3Cited by2 opinions
- Bowman v. StateCourt of Criminal Appeals of Texas · 1913
- Perez v. StateCourt of Criminal Appeals of Texas · 1958