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21 Tex. Ct. App. 141

Thompson v. State

Court of Appeals of Texas

Decided April 17, 1886

Court of Appeals of Texas · decided 1886-04-17

Tried below before the Hon. W. W. Brady, County Judge. The conviction in this case was for the theft of two sheep, of the value of two dollars each, the property of Margaret McNeeley, in Wise county, Texas, on the first day of February, 1885. The punishment assessed against the appellant was a fine of thirty-five dollars, and confinement in the county jail for the period of ten days. T. J. Chitwood was the first witness for the State.

Cited by 1 later decisions — most recently May 1905

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-04-17

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Hurt, Judge.

¶1This is a conviction for theft of sheep, the property of Margaret MtiSTeeley.

¶2Upon the trial, over the objections of defendant, the State read in evidence part of the transcript before the committing court, showing that Mrs. MtiSTeeley made the complaint, and that defendant waived an examination and gave bond, etc. That part of the transcript, under the facts in this case, which showed who made the complaint, was competent. But that part which informed the jury that defendant waived an examination and gave bond was very clearly inadmissible, and should not have been permitted to go to the jury.

¶3We are of the opinion that the evidence in this case is not sufficient to sustain the conviction. (The Reporter will give the evidence in full.) ■

¶4The judgment is reversed and the cause remanded.

¶5Reversed and remanded.

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