Legal Opinion

Cowell v. State

Court of Appeals of Texas

Decided April 26, 1884No. 2914Published

Appeal from the District Court of Grayson. Tried below before the Hon. E. Maltbie. The conviction was for the theft of three horses, the property of one Fred Brown. They were taken, according to the indictment, in the Creek Nation, in the Indian Territory, on the thirtieth day of July, 1883, and on the next day were brought into the county of Grayson, in the State of Texas.

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Appeal from the District Court of Grayson. Tried below before the Hon. E. Maltbie. The conviction was for the theft of three horses, the property of one Fred Brown. They were taken, according to the indictment, in the Creek Nation, in the Indian Territory, on the thirtieth day of July, 1883, and on the next day were brought into the county of Grayson, in the State of Texas. The indictment further alleged that, under the laws of the Creek Nation, then in force, the acts charged constituted the offense of horse theft. A term of five years in the penitentiary was the penalty assessed by the…

1Opinion of the Court

Willson, Judge.

1. It is alleged in the indictment that defendant, on the thirtieth day of July, 1883, in the Creek Nation, in the Indian Territory, did fraudulently take, steal and carry away from the possession of one Fred Brown three horses, the personal property of said Brown, without his consent, etc. And that on the first day of August, 1883, the said defendant did bring said horses into the county of Grayson, State of Texas. And that on the said thirtieth day of July, 1883, the said acts of said defendant constituted the offense of theft of horses, and were punishable as such under and…

2Cases cited1 opinion

  1. State v. MoralesTexas Supreme Court · 1858

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