McGowan v. State
Court of Appeals of Texas
Appeal from the County Court of Walker. Tried below before the Hon. J. M. Smither, County Judge. This conviction was for the theft of M. G. Dickie’s hog, and the penalty assessed against the appellant was a fine of ten dollars and confinement in the county, jail for twenty-four hours. M. G. Dickie was the first witness for the State.
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Appeal from the County Court of Walker. Tried below before the Hon. J. M. Smither, County Judge. This conviction was for the theft of M. G. Dickie’s hog, and the penalty assessed against the appellant was a fine of ten dollars and confinement in the county, jail for twenty-four hours. M. G. Dickie was the first witness for the State. He testified, in substance, that, early in the year 1887, he moved from Doctor Thomason’s place, in Walker county, to another place some miles distant in the same county. He left a sow and pigs at the said Thomason place. They ran on the range near the said…
1Opinion of the Court
Hurt, Judge.
This is a conviction for theft of hogs, with imprisonment in jail twenty-four hours and a fine of ten dollars as the punishment.
The hogs were alleged to be the property of M. G. Dickie. The evidence leaves the issue, as to whether the hogs belonged to Dickie or the defendant, quite evenly balanced. But, concede that they were the property of Dickie, the proof fails to show the fraudulent intent. On the contrary, the facts clearly present a case in which the defendant, if not the owner of the hogs, certainly believed himself to be, and took them so believing.
The verdict is not…
2Cited by2 opinions
- Moran v. StateCourt of Criminal Appeals of Texas · 1923
- J. S. Sandel v. StateCourt of Criminal Appeals of Texas · 1936