Legal Opinion

Nelson v. State

Court of Criminal Appeals of Texas

Decided June 1, 1904No. 2781PublishedCited by 2 opinions

Appeal from the Criminal District Court of Harris. Tried below before Hon J. IC. P. Gillaspie. Appeal from a conviction of theft; penalty, three years imprisonment in the penitentiary. No statement necessary.

1Opinion of the Court

DAVIDSON, Presiding Judge.

This conviction was for theft, the penalty assessed being three years in the penitentiary. The record does not contain a statement of facts. Accompanying this record is the affidavit of the attorney who defended appellant, explaining the- absence of the testimony, and alleging sufficient diligence on his part seeking to have the evidence incorporated in the record. This affidavit is not controverted. It is stated by affiant that appellant was tried and convicted on the 16th day of April, 1904. Motion for new trial was overruled on the 26th day of the same month, and…

2Cited by2 opinions

  1. Haak v. StateCourt of Criminal Appeals of Texas · 1910
  2. Jackson v. StateCourt of Criminal Appeals of Texas · 1905

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