Legal Opinion

Stegall v. State

Court of Criminal Appeals of Texas

Decided April 29, 1893No. 51PublishedCited by 7 opinions

Appellant was indicted jointly with one Dan Jacks for the theft of one head of cattle, alleged to be the property of one L. M. Kokernot. Dan Jacks died, and defendant was alone put upon his trial, which resulted in his conviction, with the punishment assessed at five years in the penitentiary. The facts are sufficiently stated in the opinion.

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of the theft of cattle, and his punishment assessed at five years, from which he appeals. There are but two questions raised:

1. Appellant complains of the error of the court in overruling his motion for a continuance. Appellant was indicted January 12, 1892. The application was filed January 10, 1893, and based upon the want of the testimony of two witnesses. The application stated that one of the witnesses was a resident citizen of the county, but affiant learned this morning, for the first time, his residence was unknown. The other was in the county in…

2Cases cited1 opinion

  1. Dignowitty v. StateTexas Supreme Court · 1856

3Cited by7 opinions

  1. Giles v. StateCourt of Criminal Appeals of Texas · 1912
  2. Farrington v. StateCourt of Criminal Appeals of Texas · 1972
  3. Stacy v. StateCourt of Criminal Appeals of Texas · 1915
  4. Gold v. StateCourt of Criminal Appeals of Texas · 1917
  5. Shaw v. StateCourt of Criminal Appeals of Texas · 1929

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