Duval v. State
Duval v. State
Opinion of the Court
This is an appeal from a judgment of conviction for the theft of an animal described in the indictment as “ one beef cattle.” On the trial below, the accused was found guilty and his punishment assessed at confinement in the penitentiary for five years. Motions for a new trial and in arrest of judgment were made and overruled, and an appeal is prosecuted to this court. Several errors are assigned as cause for reversal; such as are deemed sufficiently important to require special notice, and such only, will be considered in this opinion.
The first and seventh assignments of error call in question the sufficiency of the indictment, and the rulings of the court below on the defendant’s motion to quash and on the motion in arrest of judgment, both of which motions were overruled. These assignments present the sole question whether or not the animal alleged to have been stolen is sufficiently described in the indictment by the use of the words “ one beef cattle.” The Penal Code, art. 747, is as
The allegation of newly discovered evidence, as the same is set out in the defendant’s amended motion for a new trial, is not sufficient, for the reason that it is not in fact newly discovered. From the testimony of the owner, as set out in the statement of facts, it is clear that the defendant, at and before the trial, knew precisely what particular animal he was accused of stealing. It is insufficient also in that the alleged newly discovered evidence was but cumulative of testimony adduced by the defendant on the trial. The law authorizes the granting of new trials “when new testimony material to the defendant has been discovered since the trial.” Code Cr. Proc., art. 777, cl. 6. But in order to warrant the granting of a new trial on this ground, the
It would be a useless consumption of time to further discuss the errors assigned, and so ably argued on behalf of the appellant, further than to say they have had due consideration, viewed in the light of the arguments presented. Upon a consideration of the case as presented in the record, we find no such error as would warrant a reversal of the judgment, and it is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.