Legal Opinion

Green v. State

Court of Criminal Appeals of Texas

Decided June 23, 1893No. 128PublishedCited by 16 opinions

Appeal from the District Court of Williamson. Tried below before Hon. P. G. Morris. On his trial upon an indictment for robbery, appellant was convicted, and given as a punishment five years in the penitentiary. There is no statement of facts in the record. The defendant’s bill of exceptions related to errors and supposed errors in the charge of the court. These matters are fully and sufficiently stated in the opinion.

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of the offense of robbery, and his punishment assessed at five years in the penitentiary, from which judgment he appeals.

1. It is claimed that the court erred in charging the jury, they should convict if they believed that appellant, “by putting Frank Spelert in fear of life or serious bodily injury, did fraudulently take from his person or possession certain property,” etc. The code declares one guilty of robbery “ who fraudulently takes property from the person or possession of another by putting him in fear of bodily injury,” and not serious bodily…

2Cases cited1 opinion

  1. Bishop v. StateTexas Supreme Court · 1875

3Cited by16 opinions

  1. Christian v. StateCourt of Criminal Appeals of Texas · 1913
  2. Creech v. StateCourt of Criminal Appeals of Texas · 1913
  3. Mayes v. StateCourt of Criminal Appeals of Texas · 1893
  4. Jones v. StateCourt of Criminal Appeals of Texas · 1911
  5. Lagrone v. StateCourt of Criminal Appeals of Texas · 1911

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