Beard v. State
Court of Criminal Appeals of Texas
This is the second appeal of the case, Beard v. State, 45 Texas Grim. Eep., 522; 9 Texas Ct. Eep. 151; S. W. Eep. and the indictment appears in full in same appeal. The horse alleged to have been stolen was taken from Oklahoma Territory and brought to Waco Texas. He was missed by the owner in Oklahoma who had left him there at night in an inclosure and could not find him the next morning. The next time he heard of the horse, he was in a livery stable at Waco, Texas.
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This is the second appeal of the case, Beard v. State, 45 Texas Grim. Eep., 522; 9 Texas Ct. Eep. 151; S. W. Eep. and the indictment appears in full in same appeal. The horse alleged to have been stolen was taken from Oklahoma Territory and brought to Waco Texas. He was missed by the owner in Oklahoma who had left him there at night in an inclosure and could not find him the next morning. The next time he heard of the horse, he was in a livery stable at Waco, Texas. Here he was brought by the defendant and one Bevil, a boy, who also had a horse and who with defendant came from Oklahoma, from…
1Opinion
on rehearing.
December 19, 1904.
HENDERSON, Judge.
This ease was affirmed at a previous day of this term, and is now before us on motion for rehearing. In the original opinion we noticed the insistence of appellant as to the distinction claimed between the word “fraud” in the statutes of the Indian Territory, and “fraudulent” in our statute regarding theft. We held that the charge of the court, if anything, was more onerous in requiring the proof of the original theft in the Territory to come up to the definition of fraud in our statute; and that appellant could not complain, that the heavier…
2Cases cited1 opinion
- Prim v. StateTexas Supreme Court · 1869