Brady v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Edwards. Tried below before Hon.. C. C. Clamp, Special Judge. The indictment in this case charged defendant with offering to bribe, one A. Y. D. Old, to procure the dismissal of a certain prosecution, by indictment, against one Dave Sweeten, charged with the theft of one head of cattle, and in which said case the said A. Y. D. Old had .been employed as private prosecutor to assist the district attorney.
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Appeal from the District Court of Edwards. Tried below before Hon.. C. C. Clamp, Special Judge. The indictment in this case charged defendant with offering to bribe, one A. Y. D. Old, to procure the dismissal of a certain prosecution, by indictment, against one Dave Sweeten, charged with the theft of one head of cattle, and in which said case the said A. Y. D. Old had .been employed as private prosecutor to assist the district attorney. At the trial appellant was convicted, and his punishment assessed at two years, in the penitentiary. The facts are sufficiently stated in the opinion.
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted for offering to bribe A. Y. D. Old, an attorney at law (who was employed by some private parties to prosecute one Dave Sweeten for cattle theft), and sentenced to. two years in the penitentiary, from which he appeals.
We find it unnecessary to consider the interesting questions raised by appellant’s brief. Conceding that Old, who was an attorney employed by private prosecutors to assist the district attorney, could be the subject of bribery, still, as we regard the case made by the record before us, the sole incriminative evidence rests upon the…
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