Estes v. State
Court of Appeals of Texas
Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. The conviction in this case was for receiving from George Gool two horses, knowing that the same had been stolen, and the penalty assessed was a term of nine years in the penitentiary. J. T. Scott was the first witness for the State. He testified, in substance, that he lived in Angelina county. Witness never saw defendant until he saw him in custody in Falls county.
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Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. The conviction in this case was for receiving from George Gool two horses, knowing that the same had been stolen, and the penalty assessed was a term of nine years in the penitentiary. J. T. Scott was the first witness for the State. He testified, in substance, that he lived in Angelina county. Witness never saw defendant until he saw him in custody in Falls county. On the night of February 21, 1886, two horses, a bay and a sorrel gelding, were stolen from the witness’s lot near his house in Angelina county.…
1Opinion of the Court
Willson, Judge.
I. The court erred in permitting the witness, L. Sharp, to testify, over objection of defendant, as follows: Witness was asked by the prosecuting attorney if the man who was wounded but not instantly killed, in San Augustine county, ever spoke afterwards. Witness replied he did not. Witness was then asked if anything transpired by which witness could tell whether the wounded man was conscious, and, if so, to state what it was. Witness answered yes; that on Monday morning after the shooting on the night before, a negro who lived in the community came up and said he knew that…
2Cited by4 opinions
- State v. GrantSupreme Court of Iowa · 1892
- Eads v. StateCourt of Criminal Appeals of Texas · 1922
- State v. FrittsCourt of Criminal Appeals of Tennessee · 1981
- Stuart v. StateCourt of Criminal Appeals of Texas · 1924