Cunningham v. State, 134 S.W. 728 (Tex. Crim. App. 1911). · Go Syfert
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Cunningham v. State, 134 S.W. 728 (Tex. Crim. App. 1911). Cases Citing This Book View Copy Cite
9 citation events across 1 distinct court.
Strongest positive: Waldo v. State (texcrimapp, 1988-02-10)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Waldo v. State
Tex. Crim. App. · 1988 · confidence medium
E.g., another Miller v. State, 31 Tex.Cr.R. 609 , 21 S.W. 925, at 926-27 (1893) ("... for it may occur that such evidence was of such a prejudicial character as to so influence the jury against the defendant that he would be deprived of a fair and impartial trial.”); Dimry v. State, 41 Tex.Cr.R. 272 , 53 S.W. 853, 854 (1899) (same); Sweeney v. State, 65 Tex.Cr.R. 593 , 146 S.W. 883, 887 (1912) (same); Barth v. State, 39 Tex.Cr.R. 381 , 46 S.W. 228, 231 (1898) ("... if, on the contrary, the evidence was of a material character, and was calculated to influence or affect the jury, the withdrawa…
discussed Cited "see" Brown v. State (2×)
Tex. Crim. App. · 1951 · signal: see · confidence high
See James v. State, 61 Tex. Cr.
Retrieving the full opinion text from the archive…
G. W. Cunningham, Alias Frank Bennett,
v.
the State
No. 949..
Court of Criminal Appeals of Texas.
Feb 15, 1911.
134 S.W. 728
1911 Tex. Crim. App. LEXIS 67
No brief on file for appellant. C.E. Lane, Assistant Attorney-General, for the State.
Harper.
Published
HARPER, Judge.

—In this case the appellant was charged with the offense of theft from the person. He was tried, adjudged guilty, and his punishment assessed at seven years confinement in the penitentiary.

There is no statement of facts in the record. In the absence of a statement of facts, if the charge is applicable to any state of facts that might be made by the testimony under the allegations of the indictment, on appeal it will be considered and assumed that the trial court submitted to the jury all the law applicable to the case. Mundine v. State, 50 Texas Crim. Rep., 97; Wright v. State, 37 Texas Crim. Rep., 146.

The charge of the court presents the law as applicable to the offense charged in the indictment, and the judgment of the lower court is affirmed.

Affirmed.