Legal Opinion

Britt v. State

Court of Appeals of Texas

Decided April 24, 1886No. 3886PublishedCited by 1 opinion

Appeal from the District Court of Freestone. Tried below before the Hon. L. D. Bradley. In one count the indictment charged the theft of a yearling, the property of W. W. Prude, and in another count the theft of a yearling, the property of G. A. Bell, in Freestone county, Texas, on the twentieth day of January, 1884. A term of two years in the penitentiary was the penalty assessed by the jury. George A. Bell was the first witness for the State.

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Appeal from the District Court of Freestone. Tried below before the Hon. L. D. Bradley. In one count the indictment charged the theft of a yearling, the property of W. W. Prude, and in another count the theft of a yearling, the property of G. A. Bell, in Freestone county, Texas, on the twentieth day of January, 1884. A term of two years in the penitentiary was the penalty assessed by the jury. George A. Bell was the first witness for the State. He testified that, in 1883, he was the senior member of the law firm of Bell & Roberts, which firm had its office in Fairfield, Freestone county,…

1Opinion of the Court

Hort, Judge.

This is a conviction for the theft of a yearling, the property of W. W. Prude, or G. A. Bell.

The first assignment is that “the court erred in not excluding upon motion of defendant a certain bill of sale,” etc. There is nothing in this assignment. It appears that the bill of sale was recorded in the wrong book, and the motion to exclude it was upon this ground; but it also appears that when the State proposed to prove its contents and execution, defendant admitted that he had given the bill of sale referred to by the witnesses. Under these facts the court very properly refused to…

2Cited by1 opinion

  1. Roberts v. StateCourt of Criminal Appeals of Texas · 1931

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