Schultz v. State
Court of Appeals of Texas
Appeal from the District Court of Waller. Tried below before the Hon. W. H. Burkhart. Appellant was tried for theft of a calf alleged to be the property of D. A. McAlpine and B. J. Stubbs. Being found guilty, his punishment was assessed at confinement in the penitentiary for the term of two years. He moved for a new trial, and also in arrest of judgment. Both motions were overruled, and he appealed.
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Appeal from the District Court of Waller. Tried below before the Hon. W. H. Burkhart. Appellant was tried for theft of a calf alleged to be the property of D. A. McAlpine and B. J. Stubbs. Being found guilty, his punishment was assessed at confinement in the penitentiary for the term of two years. He moved for a new trial, and also in arrest of judgment. Both motions were overruled, and he appealed. D. A. McAlpine, for the State, testified that on July 14, 1883, he and B. J. Stubbs owned a brindle cow and her calf, running on the range in Waller county. Witness had never given permission to…
1Opinion of the Court
Willson, Judgk.
It appears from the record that the indictment was read to the jury on the trial, the defendant having entered a plea of not guilty thereto. When the jury returned their verdict into court the indictment was missing. It was *265shown by the affidavits of the clerk of the court and of the prosecuting attorney that, when the jury retired to consider of their verdict, the indictment was handed by the clerk to the foreman of the jury. It was, on the other hand, shown by the affidavits of the foreman and two other members of the jury that the indictment was n'ot before the jury when the…
2Cases cited3 opinions
- State v. ElliottTexas Supreme Court · 1855
- State v. AdamsTexas Supreme Court · 1856
- State v. IvyTexas Supreme Court · 1871
3Cited by1 opinion
- Dotson, Larry DonCourt of Criminal Appeals of Texas · 2007