Dudley v. State
Court of Appeals of Texas
Appeal from the District Court of Waller. Tried below before the Hon. W. H. Burkhart. The conviction in this case was for the robbery of F. Schultz, and the penalty imposed was a term of ten years in the penitentiary. The offense was alleged to have been committed in Waller county, Texas, on the twenty-sixth day of August, 1887. The facts of the case are not involved in the rulings of the court.
Read the full summary
Appeal from the District Court of Waller. Tried below before the Hon. W. H. Burkhart. The conviction in this case was for the robbery of F. Schultz, and the penalty imposed was a term of ten years in the penitentiary. The offense was alleged to have been committed in Waller county, Texas, on the twenty-sixth day of August, 1887. The facts of the case are not involved in the rulings of the court. The charter of pardon was conditioned that it was “subject to revocation by the Governor of Texas whenever it shall be determined by said Governor that he (said convict) has violated any of the…
1Opinion of the Court
Willson, Judge.
With commendable and characteristic candor and fairness, the Assistant Attorney General confesses errors in this conviction, to wit:
1. It was error to permit the witness Shultz to testify as a witness in behalf of the State, over the defendant’s objection, it being shown that said witness had been convicted of felony in this State, which conviction had not been legally set aside, and the said witness not having been legally pardoned for the crime of which he had been convicted—said witness having been conditionally pardoned only. (Carr v. The State, 19 Texas Ct. App., 635.)
*164Opini…
2Cited by2 opinions
- State v. SerflingWashington Supreme Court · 1924
- Bailey v. StateCourt of Criminal Appeals of Texas · 1930