Davidson v. State
| Decision Date | 01 February 1899 |
| Parties | DAVIDSON et al. v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Navarro county; L. B. Cobb, Judge.
J. E. Davidson and J. B. Thompson were convicted of theft, and appeal. Affirmed.
Robt. A. John, for the State.
Appellants were convicted of theft of one head of cattle, and the punishment of each assessed at confinement in the penitentiary for a term of two years, and they appeal.
In bar of the prosecution, they rely upon their pleas of former acquittal and conviction. The first ground of the motion for new trial is "that the verdict of the jury is contrary to the evidence, in this, to-wit, the testimony showed clearly that the defendant had been tried and convicted in Limestone county." The second ground is "that the testimony of the defendant was uncontradicted, and showed that the taking of the Burney cattle, for which they had been tried and convicted in Limestone county, was one and the same transaction with the taking of the N. P. Johnson cattle, in this case." We will consider these two assignments together.
The first witness for the state, W. A. Burney, testified that he lived in Limestone county, and had four head of cattle stolen from him; that appellants in this case pleaded guilty in said county to the stealing of said cattle. The cattle so stolen ranged in witness' pasture (it being the Graham pasture). His pasture fence was down, and witness had a very hard time to keep it up. There were parties hunting there, and left the gaps down. Witness' pasture is about three or four miles from the Texas Loan Agency pasture, where the Ivy and N. P. Johnson cattle were taken. His cattle run in a bunch to themselves. They never ran outside of witness' pasture, or with any one's cattle, and he never saw them with any other cattle. Those that were taken ran in a bunch to themselves, and a part of the bunch was very poor. The poor ones were not taken. The prosecuting witness, N. P. Johnson, testified that he lost one head of cattle on or about January 6, 1898; that his cattle were taken from the Texas Loan Agency pasture; that they ran with the Ivy cattle; that his pasture is three or four miles from the Burney pasture; that the pasture fence is bad, and the water gaps were all down; that this witness never saw his cattle running with the Burney cattle. The animal witness lost was a yearling, and ran with its mother all the time. The cow came home on the night the animal was stolen, but the calf came not. Witness Joe Wilson, for the state, testified: The witness C. T. Bilbro testified that he had ridden over the Burney pasture, up into the Texas Loan Agency pasture, where the N. P. Johnson and Ivy cattle run; that he went through there the latter part of December, 1897; that the gaps and fences were in a bad condition; that he did not have to open any gates in passing from one to the other. J. E. Davidson, one of the appellants, testified: The brother of appellant, Will Davidson, testified...
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Anderson v. State
...asserting that a trial court erred in overruling the plea. See Dedmon v. State, 478 S.W.2d 486 (Tex.Cr.App.). In Davidson v. State, 40 Tex.Cr.R. 285, 49 S.W. 372, the Defendant was prosecuted for cattle theft. At trial, the defendant raised the issue of former jeopardy and testified that he......
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Territory v. West.
...weight of authority is to the effect that the burden is upon the defendant to sustain it. 1 Bishop's Cr. Pr. § 816; Davidson et al. v. State, 40 Tex. Cr. R. 285, 49 S. W. 372, 50 S. W. 365; Fehr v. State, 36 Tex. Cr. R. 93, 35 S. W. 381, 650; Willis v. State, 24 Tex. App. 586, 6 S. W. 857; ......
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Iglehart v. State
...State, supra; Wright v. The State, 17 Tex.App. 152 (1884); Wright v. State, 37 Tex.Cr.R. 627, 40 S.W. 491 (1897); Davidson v. State, 40 Tex.Cr.R. 285, 49 S.W. 372 (1899); Ratcliff v. State, 118 Tex.Cr.R. 616, 38 S.W.2d 326 (1931). As long as the carving doctrine was in vogue, it was this Co......
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Walker v. State
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