Legal Opinion

Wheeler v. State

Texas Supreme Court

Decided July 1, 1873PublishedCited by 10 opinions

Error from McLennan. Tried below before the Hon. J. W. Oliver. On the twenty-sixth day of April, 1872, the grand jury of McLennan county presented an indictment against W. A. Posey, in the District Court of said county, charging him with the “theft of a two-year old heifer.”

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Error from McLennan. Tried below before the Hon. J. W. Oliver. On the twenty-sixth day of April, 1872, the grand jury of McLennan county presented an indictment against W. A. Posey, in the District Court of said county, charging him with the “theft of a two-year old heifer.” On the twenty-ninth day of April, 1872, defendant, Posey, executed his bail bond in the usual form, in the sum of $250, with plaintiff in error, J. W. Wheeler, and one S. H. Barber as sureties for the sum of $125 each. This cause was numbered on the criminal docket of said court as Ho. 1583. Previous to this time, to-wit,…

1Opinion of the CourtOgden, J.

On the twenty-sixth of April, 1872, W. A. Posey was indicted for the theft of a heifer, and executed his bail bond, with plaintiff in error as one of his sureties, in a sum of $250, for his appearance to answer to the charge in the indictment. Previously the said Posey had been indicted for the theft of two mules. He was first tried and convicted of the theft of the two mules, but made his escape from the sheriff while on his way to jail to await judgment. Eight days after the case for the theft of the heifer was called, and the defendant not appearing, a judgment nisi was entered upon his…

2Cases cited1 opinion

  1. Barton v. StateTexas Supreme Court · 1859

3Cited by10 opinions

  1. County of Los Angeles v. MagaCalifornia Court of Appeal · 1929
  2. State v. CrosbySupreme Court of Alabama · 1896
  3. State v. United Bonding Insurance CompanyNew Mexico Supreme Court · 1970
  4. Sanders v. StateCourt of Criminal Appeals of Texas · 1958
  5. Havis v. StateSupreme Court of Arkansas · 1896

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