Henderson v. State

ON REHEARING.

March 20, 1909.

RAMSEY, Judge.

The motion for rehearing filed in this case challenges the correctness of the opinion of the court affirming the judgment of conviction on the ground, substantially, that the charge of the court below, held by us to be good, was fatally defective in that, as a necessary fact on ,zhich to base a conviction, the jury should have been required to find, as a fact, that when appellant sold the horse in question, that he sold him as his own property. The charge of the court in the case of Epperson v. State, 22 Texas Crim. App., 694, contains such clause,…