Harris v. State
| Decision Date | 26 March 1895 |
| Citation | 30 S.W. 221 |
| Parties | HARRIS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Harris county; E. D. Cavin, Judge.
Prosecution against Will Harris for robbery. From a conviction thereof, and the refusal of a new trial, defendant appeals. Reversed.
Mann Trice, for the State.
This conviction was for robbery, 12 years in the penitentiary being the penalty assessed by the jury. The indictment alleged the property taken to be "twenty dollars in paper money, and then and there current money of the United States." The proof shows the money taken was "fifteen dollars silver money, current money of the United States." This constitutes a variance, and the proof in this respect does not sustain the averments in the indictment. Matters of newly-discovered evidence, set out in motion for new trial, will not arise upon another trial, and are not, therefore, discussed. For the variance mentioned the judgment is reversed, and cause remanded.
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State v. Gruber
... ... proof will be held to that article so particularly described, ... and the allegation of the fifteen jeweled watch was not ... supported by the testimony of a watch with eleven jewels ... ( Morgan v. State, 61 Ind. 447; Turner v ... State, 50 Tenn. 452; Harris v. State (Tex. Cr ... App.), 30 S.W. 221; State v. Kube, 20 Wis. 217, 91 Am ... Dec. 390.) ... "The ... defendant in a criminal action, who has testified in his own ... behalf, can only be cross-examined by the state as to facts ... stated on his direct examination or connected ... ...
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State v. Gibson
...legal tender notes" and "national bank notes." People v. Jones, 5 Lans. (N. Y.) 340. To the same effect, Harris v. State (Tex. Cr. App.) 30 S. W. 221. In Commonwealth v. McManiman, 15 Pa. Co. Ct. R, 495, the charge that defendant robbed the prosecutor of a promissory note was held not susta......
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State v. Gibson
...of "United States legal tender notes" and "national bank notes." People v. Jones, 5 Lans. (N. Y.) 340. To the same effect, Harris v. State (Tex. Cr. App.) 30 S.W. 221. In Commonwealth v. McManiman, 15 Pa. Co. Ct. R. the charge that defendant robbed the prosecutor of a promissory note was he......
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