Gallagher v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. This appeal is from a conviction for robbery, the punishment being-assessed at a term of six years in the penitentiary. This is a companion case to that of E. T. Gallagher v. The State, ante, p. 302, and the evidence in the two cases is substantially the same, with the exception, that in this case E. T. Gallagher, who had been previously convicted, did not testify.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of robbery, and prosecutes this appeal. His application for a continuance was based on the absence of M. Sutter, by whom he expected to prove, that immediately after he was robbed, O’Briant, the injured party, entered the saloon where Sutter was, and said “two men had robbed him, and accused said Sutter of being one of the men who had robbed him, and also accused another man, who is known as ‘Dutchy’ or the ‘Little Dutchman,’ of having assisted in the robbery.” The refusal of this continuance was made a ground of the motion for a new trial. It is shown…
2Cited by15 opinions
- Jarrott v. StateCourt of Criminal Appeals of Texas · 1924
- Ferguson v. StateCourt of Criminal Appeals of Texas · 1916
- Woods v. StateCourt of Criminal Appeals of Texas · 1949
- Maxey v. StateCourt of Criminal Appeals of Texas · 1912
- Burlund v. StateCourt of Criminal Appeals of Texas · 1935
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