Plumley v. State
Court of Appeals of Texas
Appeal from the District Court of Travis. Tried below before the Hon. E. B. Turner. The appellant, under the name of Bud Plumley, was jointly indicted with two other persons for the theft of a cow. The defence relied on was that he acted in good faith as a hired hand, and took the cow believing it to be the property of his employer, and that he took the cow for the benefit of his employer, who he believed had a right to it.
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Appeal from the District Court of Travis. Tried below before the Hon. E. B. Turner. The appellant, under the name of Bud Plumley, was jointly indicted with two other persons for the theft of a cow. The defence relied on was that he acted in good faith as a hired hand, and took the cow believing it to be the property of his employer, and that he took the cow for the benefit of his employer, who he believed had a right to it. There is no occasion for a statement of the evidence. The appellant was convicted, and his punishment assessed at two years’ confinement in the penitentiary.
1Opinion of the CourtWhite, P. J.
No bill of exceptions having been saved to the overruling of defendant’s application for continuance, the same is not a subject for revision in this court. Harris v. The State, 6 Texas Ct. App. 97.
Defendant had been indicted under the name of Bud Plumley. He suggested that his name was Perry B. Plumley, and the court on motion of the county attorney ordered and. permitted the indictment to be corrected and *531the style of the cause changed so as to give his true name. This practice is expressly provided by statute, and the court did not err. Code Cr. Proc., art. 513; Morris v. The State, 4 Texas…
2Cases cited2 opinions
- People v. Ah KimCalifornia Supreme Court · 1867
- State v. ToneyTexas Supreme Court · 1854