Nixon v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bexar. Tried below before Hon. G. H. Noonan. -This appeal is from a conviction for the theft of a horse, alleged to be the property of one D. A. McCaskell. . At the trial defendant was found guilty, and his punishment assessed at confinement in the penitentiary for a term of five years.
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Appeal from the District Court of Bexar. Tried below before Hon. G. H. Noonan. -This appeal is from a conviction for the theft of a horse, alleged to be the property of one D. A. McCaskell. . At the trial defendant was found guilty, and his punishment assessed at confinement in the penitentiary for a term of five years. McCaskell, the alleged owner, testified: That on 29th March, 1892, he lived some ten miles from the town of Lockhart, in- Caldwell County, Texas," and that on that day he lost a bay mare and a dark brown or black 2-year-old colt, which he had turned out on the range the day…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of the theft of a horse, the property of one McCaskell. On the trial the State was permitted to prove that defendant was in possession of and sold in the city of San Antonio other stolen horses, the property of one Talley, about three weeks prior to the date of the theft of the horses set ou-t in the indictment in this case. Appellant’s objection to this evidence was overruled, and he duly reserved his bill of exceptions.
This ■ testimony was not admissible. “ When necessary to establish identity in developing the res gestae, or in making out the guilt…
2Cited by7 opinions
- Gray v. StateCourt of Criminal Appeals of Texas · 1915
- Dawson v. StateCourt of Criminal Appeals of Texas · 1894
- Bowman v. StateCourt of Criminal Appeals of Texas · 1913
- Davis v. StateCourt of Criminal Appeals of Texas · 1911
- White v. StateCourt of Criminal Appeals of Texas · 1904
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