Legal Opinion

State v. Ward

Texas Supreme Court

Decided July 1, 1853PublishedCited by 2 opinions

Appeal from Brazoria. This was an indictment for playing cards at a public placo, as follows: Tub State of Texas, \ In the District Court of Brazoria county, Fall County of Brazoria, j Term, A. D. 1831: In the name and by the authority of the State of Texas, tlie grand jurors, elected, drawii, impaneled and sworn to inquire in au(t for the body of the county of Brazoria in the State of Texas, 11~Oi1 their oath preseilt, that on the first day of August, in the year of our…

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Appeal from Brazoria. This was an indictment for playing cards at a public placo, as follows: Tub State of Texas, \ In the District Court of Brazoria county, Fall County of Brazoria, j Term, A. D. 1831: In the name and by the authority of the State of Texas, tlie grand jurors, elected, drawii, impaneled and sworn to inquire in au(t for the body of the county of Brazoria in the State of Texas, 11~Oi1 their oath preseilt, that on the first day of August, in the year of our Loul one thousand eight hundred and Att'yj. the ease was ea~1ed the defendant moved, ore ~emus, to quash the in-.…

1Opinion of the CourtLipscomb, J.

original, would unquestionably be plimary evidence. As between the teatiatonio and land office copy, the former, on general principles, would be the l,~st evi- dence. The latter would be but secondary;

and in order to its admission it would be necessary for the party offering it to coconut for the non-production of the icslimonio. But sinco the statute lies elevated the land-office copy to the same grade as the original, it is no longer seCondaly but is primary evidence, and consequently is admissible

without producing or

2Cited by2 opinions

  1. Wheeler v. StateCourt of Appeals of Maryland · 1875
  2. Portis v. StateSupreme Court of Arkansas · 1872

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