Legal Opinion

Walker v. State

Court of Criminal Appeals of Texas

Decided May 20, 1893No. 57PublishedCited by 19 opinions

Under an indictment charging him with the theft of one head of neat cattle, appellant was found guilty, and his punishment assessed at two years in the penitentiary. In view of the disposition made of this case on appeal, it becomes unnecessary to make a general statement of the evidence produced on the trial; and the facts illustrative of the points decided are sufficiently stated in the opinion of the court.

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of the theft of a steer, and his punishment assessed at two years in the penitentiary, from which he appeals. It is only necessary to consider two questions:

1. Appellant asked for a continuance—apparently the first application —to procure the testimony of Bishop, Slawson, and Young, whose testimony seems to be very material. The defense in this case was a taking under claim of right. The sole inculpatory fact was the brands on the steer alleged to have been stolen. It was shown by Aikin, the purchaser, that he had shipped the animal to St. Louis, and…

Also in this document: Concurrence.

2Cited by19 opinions

  1. Tuan Anh Dang v. StateCourt of Criminal Appeals of Texas · 2005
  2. May v. StateSupreme Court of Florida · 1925
  3. Rossi v. United StatesCourt of Appeals for the Eighth Circuit · 1925
  4. Jenkins v. StateCourt of Criminal Appeals of Texas · 1910
  5. Eppison v. StateCourt of Criminal Appeals of Texas · 1917

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