Austin v. State
Texas Supreme Court
Appeal from Grimes. Tried below before the Hon. J. B. Burnett. ■ At the June term, 1874, Dick Austin was indicted in Grimes county, for theft from a house. In July following, he was arrested. October 5th, the fall term commenced, when the case was called. The indictment and exceptions thereto are sufficiently shown in the opinion.
Read the full summary
Appeal from Grimes. Tried below before the Hon. J. B. Burnett. ■ At the June term, 1874, Dick Austin was indicted in Grimes county, for theft from a house. In July following, he was arrested. October 5th, the fall term commenced, when the case was called. The indictment and exceptions thereto are sufficiently shown in the opinion. October 15th, the defendant asked a continuance, the application being as follows: “ The State of Texas, i And now comes the defendant and “ v. v moves the court to grant him a contin- “ Dick Austin. J uance in the above entitled cause, for “.that, he says he cannot…
1Opinion of the CourtDivine, J.
The appellant was convicted at the October term, 1874, of the offense of theft from a house, and his punishment assessed at two years in the penitentiary.
The motion to quash the indictment, on the ground that it charged no offense known to the law, that it contained no sufficient allegations that the personal property was taken, stolen *347and carried away by the defendant, and that the indictment does not state the character of the house, whether dwelling, store or outhouse, from which the property was stolen, embrace all the grounds relied on for. a reversal. It is argued on behalf of…
2Cases cited2 opinions
- Cain v. StateTexas Supreme Court · 1857
- Calvin v. StateTexas Supreme Court · 1860
3Cited by7 opinions
- Jorasco v. StateCourt of Appeals of Texas · 1879
- Conner v. StateCourt of Appeals of Texas · 1879
- Miller v. StateCourt of Appeals of Texas · 1885
- Peeler v. StateCourt of Appeals of Texas · 1877
- Stephenson v. StateCourt of Appeals of Texas · 1878
2 more not listed; retrieve them via the Exa API.