McAlister v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Erath. Tried below before Hon. W. J. Oxford. Appeal from a conviction of theft of two mules; penalty, two years imprisonment in the penitentiary. The indictment contained two counts, one for theft and one for conversion by bailee. The mules were the property of Isaac Jackson, and were placed in. defendant’s pasture by Jackson—Jackson having in fact purchasd the pasture—but defendant was still in possession.
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Appeal from the District Court of Erath. Tried below before Hon. W. J. Oxford. Appeal from a conviction of theft of two mules; penalty, two years imprisonment in the penitentiary. The indictment contained two counts, one for theft and one for conversion by bailee. The mules were the property of Isaac Jackson, and were placed in. defendant’s pasture by Jackson—Jackson having in fact purchasd the pasture—but defendant was still in possession. Edgar Hughes, who was indicted in a separate indictment for the theft of these mules, testified that he took the mules at the request of defendant, sold…
1Opinion of the Court
DAVIDSON, Presiding Judge.
The indictment contains two counts, the first charging ordinary theft of mules; and the second theft of the Same mules by conversion under bailment. The accomplice Hughes testified to facts which, if true and corroborated, would justify a conviction for theft by conversion.
Appellant introduced evidence showing if the mules were taken by the accomplice Hughes that he was not only not present but had no knowledge of the intended theft on the part of Hughes. The issue was also presented that Hughes committed the theft and appellant may have been accomplice by advising,…
2Cases cited1 opinion
- Criner v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by14 opinions
- Carrillo v. StateCourt of Criminal Appeals of Texas · 1979
- Serrato v. StateCourt of Criminal Appeals of Texas · 1914
- Hext v. StateCourt of Criminal Appeals of Texas · 1926
- McDonald v. StateCourt of Criminal Appeals of Texas · 1904
- O'Quinn v. StateCourt of Criminal Appeals of Texas · 1908
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