English v. State
Court of Appeals of Texas
Appeal from the District Court of Jones. Tried below before Hon. J. V. Cockrell. The conviction was for the theft of a horse, and the penalty assessed by the verdict was a term of five years in the penitentiary. The brief of the counsel for the appellant sets out a correct summary of the facts adduced in evidence, and reproduces the general charges of the court and the special instructions discussed in the opinion.
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Appeal from the District Court of Jones. Tried below before Hon. J. V. Cockrell. The conviction was for the theft of a horse, and the penalty assessed by the verdict was a term of five years in the penitentiary. The brief of the counsel for the appellant sets out a correct summary of the facts adduced in evidence, and reproduces the general charges of the court and the special instructions discussed in the opinion. Only so much of the brief as treats of the questions decided upon this appeal is included in this report.
1Opinion of the Court
WHITE, Presiding Judge.
There were two theft counts contained in the indictment, the first alleging that the property was taken from the possession of Henry Randolph, and the second that it was taken from the possession of Joe Gernigan. In the verdict the defendant was found “ guilty of theft as charged in the indictment,” and the judgment is a general one for “theft of a horse as found- by the jury.” It is insisted that the verdict of the jury failing to state upon which count of the indictment the defendant was convicted is reversible error, and we are cited tó a number of cases in which it…
2Cited by6 opinions
- State v. CalvinSupreme Court of Louisiana · 1945
- State v. BatesSupreme Court of Louisiana · 1894
- State v. NorphlisSupreme Court of Louisiana · 1928
- State v. WoodruffSupreme Court of Kansas · 1891
- Bailey v. StateCourt of Criminal Appeals of Texas · 1947
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