Moseley v. State
Court of Appeals of Texas
Appeal from the District Court of Johnson. Tried below before the Hon. J. M. Hall. This conviction was for accepting a bribe to release one John Gable, whom the appellant had arrested under a charge of theft. The penalty assessed by the jury was a term of three years in the penitentiary. L. F. Gable was the first witness for the State. He testified that he lived near Alvarado, Johnson county, Texas, in November, 1886. He was the father of John Gable, who lived with him.
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Appeal from the District Court of Johnson. Tried below before the Hon. J. M. Hall. This conviction was for accepting a bribe to release one John Gable, whom the appellant had arrested under a charge of theft. The penalty assessed by the jury was a term of three years in the penitentiary. L. F. Gable was the first witness for the State. He testified that he lived near Alvarado, Johnson county, Texas, in November, 1886. He was the father of John Gable, who lived with him. Witness’s proper name was L. F. Gable, but he was equally well known .as L. F. Gabriel. About noon, on the twelfth day of…
1Opinion of the Court
Willson, Judge.
I. It was not error to refuse defendant’s application for a continuance. Sufficient diligence to secure the attendance at the trial of the absent witnesses was not shown. Furthermore, the allegations as to the facts expected to be proved by ,said witnesses, in so far as said alleged facts are material, are vague and indefinite, and are merely negations of the State’s testimony, which, if they had been in proof, could not properly have influenced the jury in its finding.
II. This conviction is under article 136 of the Penal Code, which reads: “If any sheriff, or other executive…
2Cited by9 opinions
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- People v. AndersonCalifornia Court of Appeal · 1925
- People v. LipsCalifornia Court of Appeal · 1922
- Younghans v. StateDistrict Court of Appeal of Florida · 1957
- State v. CooneyWashington Supreme Court · 1945
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