Ratliff v. State

Decided July 1, 1882

Court of Appeals of Texas · decided 1882-07-01

Tried below before the Hon. A. O. Cooley. The indictment charged the theft of two horses, the property of M. J. Murray and Morgan Bagley, in San Saba county, Texas, on the 25th day of January, 1882. The . jury rendered a verdict of guilty, and assessed against the defendant as punishment a five years’ term in the penitentiary. The defendant’s application for a continuance was based upon the absence of the witnesses W. Jones, John Hamilton and 0.

Decided 1882-07-01

Hurt, J.

¶1J. W. Ratliff was convicted of the theft of two horses, the property of M. J. Murray and Morgan Bagley.

¶2The defendant Ratliff moved for a continuance, which was overruled, and in his motion for a new trial the overruling- of his application is assigned as a ground. We deem it unnecessary to say that to enter upon a discussion of the facts in this case in order to show why the court below should have granted the new trial, further than to say that we are of the opinion that there is not that conflict between the evidence of the State and the facts expected to be proved by the absent witnesses which renders the truth of the proposed facts improbable. (The Reporters will give all of the evidence.) The judgment is reversed and a new trial awarded.

¶3Reversed and remanded.