Legal Opinion

Mask v. State

Court of Criminal Appeals of Texas

Decided February 16, 1895No. 585PublishedCited by 9 opinions

This appeal is from a conviction for theft of one head of cattle, the property of L. F. Wilson, wherein the punishment was assessed at two years’ imprisonment in the penitentiary. Defendant made an application for continuance, which was overruled.

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This appeal is from a conviction for theft of one head of cattle, the property of L. F. Wilson, wherein the punishment was assessed at two years’ imprisonment in the penitentiary. Defendant made an application for continuance, which was overruled. This application was for the want of the testimony of F. Warnica and John Damrow, in which it was stated, that “the defendant expects to be able to show by said witnesses Warnica and Damrow, that about the time this defendant is charged with taking said animals these two witnesses saw said A. L. Chesher, the main prosecuting witness for the State,…

1Opinion of the Court

DAVIDSOST, Judge.

Conviction for cattle theft, punishment being assessed at two years in the penitentiary. The indictment alleges the theft of one head of cattle from L. F. Wilson. The evidence shows, if guilty, appellant took two calves. The two yearlings sold by Bibles to Buck Mask, and delivered to Lum Mask for Buck Mask, were not the calves in controversy upon the trial of this case, as shown by the record before us. The criminative facts are: (1) Some person stole a couple of calves from the possession of L. F. Wilson. (2) These calves, shortly after being taken, were seen in defendant’s…

2Cited by9 opinions

  1. Lawrence v. StateCourt of Criminal Appeals of Texas · 1933
  2. State v. BeebeWashington Supreme Court · 1912
  3. Frazier v. StateCourt of Criminal Appeals of Texas · 1922
  4. Lacy v. StateCourt of Criminal Appeals of Texas · 1939
  5. Lee v. StateCourt of Criminal Appeals of Texas · 1909

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