Welhousen v. State
Court of Appeals of Texas
Appeal from the District Court of Webb. Tried below before Hon. A. L. McLane. Appellant was tried under an indictment containing two counts, one charging him with theft and the other with illegally marking and branding one head of cattle, the property of one Dario Sanchez. At his trial he was found guilty on the second count, of illegally marking and branding said animal, his punishment being assessed at three years in the penitentiary.
Read the full summary
Appeal from the District Court of Webb. Tried below before Hon. A. L. McLane. Appellant was tried under an indictment containing two counts, one charging him with theft and the other with illegally marking and branding one head of cattle, the property of one Dario Sanchez. At his trial he was found guilty on the second count, of illegally marking and branding said animal, his punishment being assessed at three years in the penitentiary. It is unnecessary to state the evidence in the case, inasmuch as the opinion sufficiently states those phases of the same which are embraced in the rulings.
1Opinion of the Court
HURT, Judge.
Appellant and one King were jointly indicted for the theft of a certain yearling, alleged to be the property of Dario Sanchez. The indictment also contained a count for illegal branding and marking a certain head of cattle, the property of said Sanchez. There was severance, and appellant was placed on trial and convicted of illegal branding and marking.
When the trial began counsel for appellant moved the court to require the State to elect which of the two offenses the prosecution would proceed upon. This was refused, and exceptions duly reserved. When the State had introduced all…
2Cited by8 opinions
- State v. O'DonnellOregon Supreme Court · 1900
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
- Bowman v. StateCourt of Criminal Appeals of Texas · 1913
- Perez v. StateCourt of Criminal Appeals of Texas · 1958
- Stone v. StateCourt of Criminal Appeals of Texas · 1921
3 more not listed; retrieve them via the Exa API.