Legal Opinion

Shanks v. State

Texas Supreme Court

Decided October 15, 1860PublishedCited by 2 opinions

Appeal from Travis. The case was tried before Hon. A. W. Terrell, one of the district judges. The indictment runs thus: “That John T. Shanks, late of the county aforesaid, with force and arms, in the county aforesaid, on the 12th day of June, anno Domini one thousand eight hundred and fifty-seven, did then and there falsely make and feloniously forge, without lawful authority, and with intent to injure and defraud, a false instrument in writing, purporting to be a conveyance…

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Appeal from Travis. The case was tried before Hon. A. W. Terrell, one of the district judges. The indictment runs thus: “That John T. Shanks, late of the county aforesaid, with force and arms, in the county aforesaid, on the 12th day of June, anno Domini one thousand eight hundred and fifty-seven, did then and there falsely make and feloniously forge, without lawful authority, and with intent to injure and defraud, a false instrument in writing, purporting to be a conveyance from Hugh Henderson to J. C. Kirby, of a donation warrant for six hundred and forty acres of land issued to the said…

1Opinion of the CourtBell, J.

—We are of opinion that the court below did not err in overruling the appellant’s motion for a continuance of the cause. A copy of the indictment appears to have been served on the appellant on the 13th day of December, 1859. The cause came on for trial in the District Court on the 31st day of the same month, which was the eighteenth day after the day on which the copy of the indictment was served, exclusive of the day of service. The application for continuance states, that the witness, *339for want of whose testimony the continuance was asked, resided in Cass county, and that ten days is barely…

2Cited by2 opinions

  1. Turner v. StateCourt of Criminal Appeals of Texas · 1943
  2. Ham v. StateCourt of Appeals of Texas · 1878

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