Bragg v. State
Court of Criminal Appeals of Texas
The State’s testimony showed that the prosecuting witness bought a bale of cotton from defendant’s son, and paid a valuable price therefor, something like $69 or $70, and that when he examined the same a day or two thereafter, he noticed that it was not cotton at all; that it was no good and that there was absolutely nothing but motes, sand, etc.; that he had bought the cotton by sample for good cotton, etc.; that defendant knew of the character of the swindle and induced…
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The State’s testimony showed that the prosecuting witness bought a bale of cotton from defendant’s son, and paid a valuable price therefor, something like $69 or $70, and that when he examined the same a day or two thereafter, he noticed that it was not cotton at all; that it was no good and that there was absolutely nothing but motes, sand, etc.; that he had bought the cotton by sample for good cotton, etc.; that defendant knew of the character of the swindle and induced his son to sell the same to the prosecuting witness, etc.
1Opinion of the Court
PRENDERGAST, Presiding Judge.
Appellant was convicted for accomplice to swindling and his punishment assessed at two years in the penitentiary—the lowest prescribed by law.
The evidence was amply sufficient to sustain the conviction. The case was tried in October, 1913. The appellant complains in some particulars of the court’s charge. His first is, in effect, that the court failed to charge specially that in order to convict him as an accomplice the evidence must be sufficient to convict the principal as principal. It must be borne in mind that it was the accomplice and not the principal on…
2Cases cited10 opinions
- Knight v. StateCourt of Criminal Appeals of Texas · 1912
- Manning v. StateCourt of Criminal Appeals of Texas · 1904
- Barnett v. StateCourt of Criminal Appeals of Texas · 1900
- Bell v. StateCourt of Criminal Appeals of Texas · 1893
- Bills v. StateCourt of Criminal Appeals of Texas · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Welcome v. StateCourt of Criminal Appeals of Texas · 1969
- Daniels v. StateCourt of Criminal Appeals of Texas · 1975
- Jewell v. StateCourt of Criminal Appeals of Texas · 1980
- McIntosh v. StateCourt of Criminal Appeals of Texas · 1922
- Gross v. State, Texas Court of Appeals, 14th District (Houston)2011
10 more not listed; retrieve them via the Exa API.