Key v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Johnson. Tried below before Hon. J. M. Hall. Appeal from a conviction for theft of one head of cattle; penalty, two years’ imprisonment in the penitentiary. The following statement taken from appellant’s brief, is substantially correct, viz: It was shown that O. R. Cole was the owner of a yearling, red in color, branded “C” on right hip, which in the spring of 1895, he placed in the pasture of S. B. Capps, with other cattle.
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Appeal from the District Court of Johnson. Tried below before Hon. J. M. Hall. Appeal from a conviction for theft of one head of cattle; penalty, two years’ imprisonment in the penitentiary. The following statement taken from appellant’s brief, is substantially correct, viz: It was shown that O. R. Cole was the owner of a yearling, red in color, branded “C” on right hip, which in the spring of 1895, he placed in the pasture of S. B. Capps, with other cattle. That he got the other cattle, but the yearling not being found at the time, he did not get. The yearling remained in and about the…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of the theft of a head of cattle, and his punishment assessed at two years in the penitentiary; hence this appeal. There are no bills of exception in the record. There are two counts in the indictment, one of which charges the property and possession to have been in O. R. Cole, and the second count charges the property and possession to have been in O. R. Cole, holding the same for S. B. Capps. Appellant assigns as error that portion of the charge of the court which instructed the jury that if they believed from the evidence “that defendant did…
2Cited by10 opinions
- Sorenson v. FerrieCourt of Appeals for the Fifth Circuit · 1998
- Courtney v. StateCourt of Criminal Appeals of Texas · 1968
- Wagner v. StateCourt of Criminal Appeals of Texas · 1916
- Roberts v. StateCourt of Criminal Appeals of Texas · 1902
- Schroeder v. StateCourt of Criminal Appeals of Texas · 1906
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