Holsey v. State
Court of Appeals of Texas
Appeal from the District Court of Bexar. 1 Tried below before the Hon. G. H. Hoonan. . The conviction in this case was for the theft of two mules, the property of Frank Sherwood, in Bexar county, Texas, on the first day of April, 1886. The penalty assessed against the appellant was a term of five years in the penitentiary. Frank Sherwood was the first witness for the State.
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Appeal from the District Court of Bexar. 1 Tried below before the Hon. G. H. Hoonan. . The conviction in this case was for the theft of two mules, the property of Frank Sherwood, in Bexar county, Texas, on the first day of April, 1886. The penalty assessed against the appellant was a term of five years in the penitentiary. Frank Sherwood was the first witness for the State. He testified, in substance, that he had seen the defendant prior to this trial, and knew that for a time he lived in the cedar brakes in Kendall county. Witness, driving a wagon drawn by a mule and a horse, and his brother…
1Opinion of the Court
Wileson, Judge.
Article 660 of the Code of Criminal Procedure, which prescribes the order in which a trial before a jury shall be conducted, provides in subdivision 3 that “the district attorney or the counsel prosecuting in his absence, shall state to the jury the nature of the accusation and the facts which are expected to be proved by the State in support thereof.” This subdivision of said article we construe to be merely directory, and a disregard thereof is not, in our opinion, per se such error as invalidates a conviction.
“Wherever there is reason to apprehend that injury may have…
2Cases cited1 opinion
- Campbell v. StateTexas Supreme Court · 1874
3Cited by16 opinions
- Koller v. StateCourt of Criminal Appeals of Texas · 1975
- Gant v. StateCourt of Criminal Appeals of Texas · 1974
- State v. HallMontana Supreme Court · 1918
- Cloninger v. StateCourt of Criminal Appeals of Texas · 1921
- People v. KoharskiMichigan Supreme Court · 1913
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