Gilbraith v. State
Texas Supreme Court
Appeal, from Fannin. Tried below before the Hon. J. C. Easton. Jim Gilbraith was indicted for theft of a blue dun bull of the value of fifteen dollars, the property of W. J. Myers. On the trial Myers testified that about the 1st of May, 1874, in Fannin county, he found near his residence the carcass of a dead animal, skinned, with part of the neck, head, and ears unskinned. On -careful examination, witness was satisfied that it was the carcass of bis bull.
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Appeal, from Fannin. Tried below before the Hon. J. C. Easton. Jim Gilbraith was indicted for theft of a blue dun bull of the value of fifteen dollars, the property of W. J. Myers. On the trial Myers testified that about the 1st of May, 1874, in Fannin county, he found near his residence the carcass of a dead animal, skinned, with part of the neck, head, and ears unskinned. On -careful examination, witness was satisfied that it was the carcass of bis bull. Witness saw the bull on Saturday evening previous about his cow lot, and on the following Monday, about nine o’clock, saw the carcass,…
1Opinion of the Court
Moore, Associate Justice.
The judgment in this case .r'mst be reversed for the error of the court in admitting ■ evidence for the State, tending to prove appellant had *569committed the theft of a steer belonging to a different party than the -owner of the animal mentioned in the indictment, as it seemed to be supposed, about the same time when the offense was" committed for which he is indicted. •
There are, unquestionably, cases in which it is admissible, in support of the charge against the defendant, to adduce evidence which may refer to and be more directly connected with other offenses than…
2Cases cited1 opinion
- Mason & Franklin v. StateSupreme Court of Alabama · 1868
3Cited by45 opinions
- State v. O'DonnellOregon Supreme Court · 1900
- Serrato v. StateCourt of Criminal Appeals of Texas · 1914
- Gray v. StateCourt of Criminal Appeals of Texas · 1915
- Williams v. StateCourt of Criminal Appeals of Texas · 1897
- Bedford v. StateCourt of Criminal Appeals of Texas · 1914
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