McFadden v. State
Court of Appeals of Texas
Appeal from the District Court of Bains. Tried below before B. F. Looney, Esq., Special Judge. This conviction was had under the second count of an Indictment, which said count charged the appellant with receiving from Lum Freeze, and concealing, a certain beef steer, the property of S. A. Montgomery, knowing the said beef steer to have been stolen. A term of two years in the penitentiary was the penalty assessed by the verdict.
Read the full summary
Appeal from the District Court of Bains. Tried below before B. F. Looney, Esq., Special Judge. This conviction was had under the second count of an Indictment, which said count charged the appellant with receiving from Lum Freeze, and concealing, a certain beef steer, the property of S. A. Montgomery, knowing the said beef steer to have been stolen. A term of two years in the penitentiary was the penalty assessed by the verdict. W. J. McCray was the first witness for the State. He testified, in substance, that he anql Lowenstien were partners in the butcher business in Greenville, Hunt…
1Opinion of the Court
White, Presiding Judge.
Appellant was convicted on the second count in the indictment for receiving and concealing stolen property, knowing the same to have been stolen.
1.. Defendant’s application for continuance failed to show diligence to procure the attendance of the absent witnesses, and the court was justified in overruling it in the first instance upon that ground. In view of the testimony which was adduced upon the trial the said proposed absent testimony, in so far as the same appears to be probably true, was immaterial, and if adduced would not, in the light of the evidence, be likely *244…
2Cases cited2 opinions
- Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
- Commonwealth v. GannonMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Serrato v. StateCourt of Criminal Appeals of Texas · 1914
- Holder v. StateCourt of Criminal Appeals of Texas · 1940
- Long v. StateCourt of Criminal Appeals of Texas · 1931
- Byrd v. StateCourt of Criminal Appeals of Texas · 1931
- Holder v. StateCourt of Criminal Appeals of Texas · 1940
2 more not listed; retrieve them via the Exa API.