Legal Opinion

Prieto v. State

Court of Criminal Appeals of Texas

Decided June 26, 1895No. 686PublishedCited by 2 opinions

Appeal from the District Court of Webb. Tried below before Hon. A. L. McLane. Appellant, Jesus Prieto, Eugenio Benevides and Adolfo Gomez, were jointly indicted for fraudulently taking from T. E. Cole, in the State of Tamaulipas, republic of Mexico, 210 goat hides, of the value of 50 cents each, and which stolen hides they brought into Webb county, Texas.

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Appeal from the District Court of Webb. Tried below before Hon. A. L. McLane. Appellant, Jesus Prieto, Eugenio Benevides and Adolfo Gomez, were jointly indicted for fraudulently taking from T. E. Cole, in the State of Tamaulipas, republic of Mexico, 210 goat hides, of the value of 50 cents each, and which stolen hides they brought into Webb county, Texas. Jesus Prieto was alone put upon trial in this proceeding, and the trial resulted in his conviction, with punishment assessed at five years in the penitentiary. No further statement necessary.

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of bringing stolen property from the republic of Mexico into Texas, and prosecutes this appeal. A statement of facts proved upon the trial is not incorporated in the record. A reversal of this judgment is asked by appellant because of his failure to obtain such statement of facts. In this connection, he files the affidavit of A. Winslow, one of his counsel, stating that after his motion for new trial, and during the term of court at which he was tried, he prepared “a statement of facts, and on the 19th day of February, 1895, did present said statement…

2Cited by2 opinions

  1. Baldwin v. StateCourt of Criminal Appeals of Texas · 1898
  2. State v. RicksIdaho Supreme Court · 1921

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