Trevinio v. State
Court of Appeals of Texas
Appeal from the District Court of Live Oak. Tried below before the Hon. D. D. Claiborne. The indictment charged the appellant with the theft of a. horse belonging to one Martin.
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Appeal from the District Court of Live Oak. Tried below before the Hon. D. D. Claiborne. The indictment charged the appellant with the theft of a. horse belonging to one Martin. He applied for a continuance, alleging the absence of two witnesses by whom he-expected to prove that he bought the horse from one Martinez, and that one Santos had authority to sell the horse ,- that he had procured attachments for the witnesses and placed them in the hands of the sheriff, but they had not been returned. The motion for a continuance was overruled, and accused reserved exceptions and assigned the=…
1Opinion of the CourtWinkler, J.
The appellant was tried and convicted of the theft of a "certain brown gelding,” and his punishment assessed at five years’ confinement in the state penitentiary. The trial seems to have been had on a sufficient indictment, and, for aught that appears from the record in such a manner as that we can inquire into it, appears to have been fairly conducted and the appellant properly convicted.
*92There is no proper statement of facts. There is in the record a paper purporting to be a statement of facts, but this paper is not certified and signed by the judge, which is indispensable to the validity of…
2Cases cited3 opinions
- Madden v. ShapardTexas Supreme Court · 1848
- Augustine v. StateTexas Supreme Court · 1857
- Land v. MillerTexas Supreme Court · 1852