Legal Opinion

Cooksie v. State

Court of Appeals of Texas

Decided June 29, 1888No. 5635PublishedCited by 2 opinions

Appeal from the District Court of Grayson. Tried below before the Hon. H. O. Head. The appellant was indicted. September 30, 1887, for the embezzlement on April 12, 1887, of a valise and its contents, consisting of various items of second hand clothing, of the alleged value of thirty-four dollars and seventy-five cents, and charged to have been the property of one Cæsar Moore.

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Appeal from the District Court of Grayson. Tried below before the Hon. H. O. Head. The appellant was indicted. September 30, 1887, for the embezzlement on April 12, 1887, of a valise and its contents, consisting of various items of second hand clothing, of the alleged value of thirty-four dollars and seventy-five cents, and charged to have been the property of one Cæsar Moore. The indictment contained two counts, the first of which charged that appellant was at the time the agent and employe of one Cæsar Moore, a private person, the alleged owner, and that at the time the property came into…

1Opinion of the Court

Hurt, Judge.

This conviction is for embezzlement. It is very clearly shown that appellant was the agent of Csesar Moore, as alleged in the indictment; hence the charge of the court upomthis branch of the case was correct.

Rhoda McMurray was an important witness for the prosecution. Appellant asked witness if she was not the mistress of Csesar Moore. To this question the county attorney objected, which objection was sustained, and appellant excepted. The-bill of exceptions fails to show that appellant proposed or expected to prove the fact, or that such was the fact. The bill shows the purpose…

2Cases cited1 opinion

  1. International & G. N. R'y Co. v. NicholsonTexas Supreme Court · 1884

3Cited by2 opinions

  1. State v. McDermetSupreme Court of Iowa · 1908
  2. Moore v. StateCourt of Criminal Appeals of Texas · 1923

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