McGrew v. State
Court of Criminal Appeals of Texas
Appellant, John McGrew, was convicted in the court below for the theft of one head of cattle, the property of one J. E. Bartlett, and his punishment was assessed at two years confinement in the penitentiaiy. The State’s case was mainly developed by the testimony of Jack Ricks, as follows: That on the evening of the first day of August, 1892, the defendant came to him at Wimmer’s store, and asked him if he wanted some meat, and “ I said that I did.”
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Appellant, John McGrew, was convicted in the court below for the theft of one head of cattle, the property of one J. E. Bartlett, and his punishment was assessed at two years confinement in the penitentiaiy. The State’s case was mainly developed by the testimony of Jack Ricks, as follows: That on the evening of the first day of August, 1892, the defendant came to him at Wimmer’s store, and asked him if he wanted some meat, and “ I said that I did.” He then told me that there was an animal down in the Mead Wilson pasture, branded Z5X, that he had traded for, and that if I would go down there…
1Opinion of the Court
DAVIDSON, Judge.
Defendant was charged with and convicted of cattle theft, and his punishment assessed at confinement in the penitentiary for a term of two years, from which conviction he prosecutes this appeal.
In so far as the ruling of the court on defendant’s application for a continuance is concerned, no error in perceivable. We do not deem the testimony material; but, if material, then the bill of exceptions shows that the district attorney admitted the facts stated in the application to be true, and they went to the jury as evidence in the case. Willson’s Crim. Stats., sec. 2184.
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2Cited by14 opinions
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