Legal Opinion

Lindsay v. State

Court of Appeals of Texas

Decided July 1, 1877PublishedCited by 1 opinion

Appeal from the District Court of Fayette. Tried below before the Hon. L. W. Moore. The charge was theft of a cow. The jury found the ¡appellant guilty, and assessed his punishment at two years in the penitentiary.

1Opinion of the CourtWinkler, J.

The paper embodied in the record, purporting to be the charge of the court, is not signed by the Judge, nor does it bear the file-mark of the clerk.

In Wheelock v. The State, 15 Texas, 256, it was said: “ There is in the transcript what purports to be such a •charge, but it is not signed by the judge, nor is there any •evidence in the record that it was given.”

It is not authenticated in any manner which entitles the ¡subject-matter to be revised or considered.

In Melton v. The State it was held that a charge signed “by the judge would be a sufficient certifying under the pro"visions of the…

2Cases cited1 opinion

  1. Wheelock v. StateTexas Supreme Court · 1855

3Cited by1 opinion

  1. Earl Cockrell v. StateCourt of Criminal Appeals of Texas · 1936

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