Gatlin v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Runnels. Tried below before Hon. J. O. Woodward. Appeal from a conviction for theft of cattle; penalty, two years imprisonment in the penitentiary. The indictment contained two counts charging the theft of ninety head of cattle, on the 15th day of July, 1895. The first count alleged the ownership and possession in R. B. Pumphrey; the second count alleged the ownership and possession in J. M. Gatlin.
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Appeal from the District Court of Runnels. Tried below before Hon. J. O. Woodward. Appeal from a conviction for theft of cattle; penalty, two years imprisonment in the penitentiary. The indictment contained two counts charging the theft of ninety head of cattle, on the 15th day of July, 1895. The first count alleged the ownership and possession in R. B. Pumphrey; the second count alleged the ownership and possession in J. M. Gatlin. The evidence, in substance, showed that the cattle belonged jointly to Pumphrey & Kennedy. That they had been under the charge of J. M. Gatlin in a pasture in…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of the theft of cattle, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
Appellant reserved an exception to the refusal of the court to give the following instruction: “You are instructed that if any witness in this case, if* any, agreed with defendant, or was a party to an agreement with defendant, that, if defendant should pay for the Pumphrey & Kennedy cattle, in consideration thereof they would not prosecute him for the alleged theft thereof, such witness or witnesses would be an accomplice, in…
2Cited by12 opinions
- Neill v. JohnsonCourt of Appeals of Texas · 1921
- Renfro v. StateCourt of Criminal Appeals of Texas · 1900
- Chenault v. StateCourt of Criminal Appeals of Texas · 1904
- Orr v. StateCourt of Criminal Appeals of Texas · 1933
- Davis v. StateCourt of Criminal Appeals of Texas · 1907
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