Legal Opinion

Mosley v. State

Court of Appeals of Texas

Decided June 1, 1887No. 5175PublishedCited by 4 opinions

Appeal from the County Court of Johnson. Tried below before the Hon. B. D. Simpson, County Judge. The conviction was for the false imprisonment of one Tom Broxton, and the penalty assessed was a fine of twenty-five dollars. The evidence for the State established substantially these facts: Broxton and Blake were two of a party which visited the town i f Alvarado, Johnson county, on the day alleged in the indictment.

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Appeal from the County Court of Johnson. Tried below before the Hon. B. D. Simpson, County Judge. The conviction was for the false imprisonment of one Tom Broxton, and the penalty assessed was a fine of twenty-five dollars. The evidence for the State established substantially these facts: Broxton and Blake were two of a party which visited the town i f Alvarado, Johnson county, on the day alleged in the indictment. Blake became intoxicated and committed a disturbance of the peace by loud talking, cursing and swearing, in a public place, and was arrested and placed in the calaboose by the…

1Opinion of the Court

Willson, Judge.

It was error to refuse the second special charge requested by defendant. Said charge is applicable to the facts proved, is a part of the law of the case, and was not embraced in the general charge given to the jury. The action of the court in refusing said special charge was excepted to at the time of the trial, and is presented to this court by bill. For said error the judgment must be reversed and the cause remanded for new trial.

We find no other material error in the record. We will remark, however, upon the evidence that it impresses us strongly with the belief that an…

2Cited by4 opinions

  1. People v. JohnsonMichigan Supreme Court · 1891
  2. Early v. StateCourt of Criminal Appeals of Texas · 1906
  3. Haverbekken v. HollingsworthCourt of Appeals of Texas · 1923
  4. Haverbekken v. HollingsworthCourt of Appeals of Texas · 1923

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