Coleman v. State
Court of Appeals of Texas
Appeal from the District Court of San Jacinto. Tried below before the Hon. H. Gr. Kittrell. The appellant in this case was convicted for selling a certain horse on the twentieth day of October, 1885, which he had previously mortgaged to one C. H. Davidson. The penalty assessed against him was a term of three years in the penitentiary. C. H. Davidson was the first witness ior the State.
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Appeal from the District Court of San Jacinto. Tried below before the Hon. H. Gr. Kittrell. The appellant in this case was convicted for selling a certain horse on the twentieth day of October, 1885, which he had previously mortgaged to one C. H. Davidson. The penalty assessed against him was a term of three years in the penitentiary. C. H. Davidson was the first witness ior the State. He testified, referring to the mortgage exhibited, that it was executed to him by the defendant on the fifth day of February, 1885. Defendant described the animal as a brown horse, ten years old, branded DC on…
1Opinion of the Court
Willson, Judge.
It is alleged in the indictment that the defendant did unlawfully, with intent to defraud, etc., sell and dispose of a brown horse, about ten years old, branded on shoulder DC, having theretofore executed and delivered to C.H. Davidson a mortgage, in writing, upon said horse, etc. The mortgage introduced in evidence describes the horse as it'is described in the indictment.
There is no positive evidence as to the brand upon the horse sold by defendant. One witness testified that he thought said horse was branded H. In the charge of the court we find the following paragraph: “If…
2Cited by3 opinions
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- Williams Alias Ramsey v. StateCourt of Criminal Appeals of Texas · 1931