Legal Opinion

Brannan v. State

Court of Criminal Appeals of Texas

Decided January 28, 1903No. 2547PublishedCited by 7 opinions

“Richard Kittrell, the prisoner whom appellant is alleged to have aided in making his escape, plead guilty» at the May term, 1902, of the County Court of Hill County, Texas, in three misdemeanor cases, upon information charging him with the violation of the local option law in precinct Ho. 2, Hill County, Texas.

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“Richard Kittrell, the prisoner whom appellant is alleged to have aided in making his escape, plead guilty» at the May term, 1902, of the County Court of Hill County, Texas, in three misdemeanor cases, upon information charging him with the violation of the local option law in precinct Ho. 2, Hill County, Texas. In each of which cases the defendant pleaded guilty and his punishment was assessed in each case at a fine of $25 and twenty days in jail, the judgments so entered becoming cumulative. Upon these pleas of guilty and judgments of conviction, the court remanded said prisoner into the…

1Opinion of the Court

DAVID SO K, Presiding Judge.

Appellant was convicted of aiding a prisoner to escápe, in violation of article 229, Penal Code, and fined $50.

Article 229, Penal Code, reads as follows: “If any person shall willfully aid a prisoner to escape from the custody of an officer, by whom he is legally detained in custody on an accusation for a misdemeanor, by doing an act calculated to effect that object, he shall be punished by fine,” etc. Appellant’s contention is that this article has no application to the facts adduced in evidence, and that under the testimony he is not guilty of violating it. The…

2Cases cited1 opinion

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1893

3Cited by7 opinions

  1. Ex Parte MatthewsCourt of Criminal Appeals of Texas · 1996
  2. Williams v. McAdooNew Mexico Supreme Court · 1954
  3. Burnett v. StateCourt of Criminal Appeals of Texas · 1974
  4. Woodmen of the World v. DoddCourt of Appeals of Texas · 1911
  5. Ex Parte MatthewsCourt of Criminal Appeals of Texas · 1996

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