Spencer v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. Appellant was indicted for the theft of three bales of cotton, of the value of $113.70, from T. J. S. Sanders. He was convicted at his trial, his punishment being assessed at two years in the penitentiary. The testimony showed, that the three bales of cotton were stolen from a lot of fourteen bales which Sanders had piled in front of his yard gate in Hill County, near Mt.
Read the full summary
Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. Appellant was indicted for the theft of three bales of cotton, of the value of $113.70, from T. J. S. Sanders. He was convicted at his trial, his punishment being assessed at two years in the penitentiary. The testimony showed, that the three bales of cotton were stolen from a lot of fourteen bales which Sanders had piled in front of his yard gate in Hill County, near Mt. Calm, on the night of the 8th of ¡November, 1893. The cotton was found and identified by Sanders in East Waco, in the possession of one…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of theft of three bales of cotton, alleged to be the property of T. J. S. Sanders. The issue in the case was as to whether the cotton sold by defendant to Wright in the city of Waco was or was not the property of the prosecutor.
This is not a case wherein appellant may have believed the cotton sold by him was his property. If it belonged to the alleged owner, the appellant was guilty of the theft. There was no room for a mistake. The State’s theory was, that appellant stole the cotton at night from the premises of the alleged owner, carried it to…
2Cited by8 opinions
- Gonzalez v. StateCourt of Criminal Appeals of Texas · 1943
- Hunt v. StateCourt of Criminal Appeals of Texas · 1923
- Hickman v. StateCourt of Criminal Appeals of Texas · 1912
- Ballentine v. StateCourt of Criminal Appeals of Texas · 1908
- Williams v. StateCourt of Criminal Appeals of Texas · 1912
3 more not listed; retrieve them via the Exa API.