Gentry v. State
Court of Appeals of Texas
Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. The conviction was for horse theft, and the penalty assessed was a term of five years in the penitentiary. Bob Hineman, the first witness sworn for the State, testified that he was the son of S. Hineman, and lived at Blue Ridge, in Falls county, Texas, about four miles distant from the house of the defendant.
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Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. The conviction was for horse theft, and the penalty assessed was a term of five years in the penitentiary. Bob Hineman, the first witness sworn for the State, testified that he was the son of S. Hineman, and lived at Blue Ridge, in Falls county, Texas, about four miles distant from the house of the defendant. Mr. .William Nance, the owner of the alleged stolen animal, lived with the witness. S. Hineman, the witness’s father, owned a gray mare and a' gray gelding, whose range, when at large, was , on and…
1Opinion of the Court
Willson, Judge.
It ivas error to admit in evidence the declarations made by Homer Smith. These declarations were not called for by the defendant in cross examining the witness who testified to them. They were hearsay, and very damaging to the defendant. They were not admissible evidence against the defendant for any purpose.
The court in its charge directed the jury “to find the defendant guilty if he and Homer Smith were acting together fraudulently, and the horses were taken by either of them.” This paragraph *487of the charge was excepted to, and the exception is, we think, well taken. ' It…
2Cited by4 opinions
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- Walker v. StateCourt of Criminal Appeals of Texas · 1991
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