Roberts v. State
Court of Criminal Appeals of Texas
Appeal from the Distridt Court of Jack. Tried below before the Hon. J. W. Patterson. Appeal from a conviction of theft of a deed; penalty a fine of $300 and six months confinement in the county jail.
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Appeal from the Distridt Court of Jack. Tried below before the Hon. J. W. Patterson. Appeal from a conviction of theft of a deed; penalty a fine of $300 and six months confinement in the county jail. The following excerpt taken from the brief of the Assistant Attorney-General is substantially correct: The testimony showed that defendant proposed to purchase certain lands from one J. C. Kirby; that in consideration thereof he was to pay him $9,500, and in part payment of the purchase price he was to turn over to Kirby certain notes which he claimed were due him, with the understanding that…
1Opinion of the Court
HARPER, Judge.
—In this case the appellant was indicted for theft of a deed, alleged to he the property of J. C. Kirby, and which had been placed in the hands of H. P. J ones. Upon a trial he was convicted of a misdemeanor, and his punishment assessed at six months imprisonment in jail and a fine of $300.
1. Appellant filed a motion to quash the indictment on the ground that a deed though written and acknowledged had no value, and was of no value to the person executing and acknowledging same and could not be the subject of theft. In Martinez v. State, 16 Texas Crim. App., 128, it is held:
“What…
2Cited by2 opinions
- Holmes v. StateCourt of Criminal Appeals of Texas · 1934
- Kerstetter v. StateCourt of Criminal Appeals of Texas · 1934