Neel v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Guadalupe. Tried below before Hon. John Ireland, Special Judge. This appeal is from a conviction for theft of a horse, the property of one J. H. D. Berry, the punishment being assessed at five years’ imprisonment in the penitentiary. The opinion sufficiently states the case. No briefs have come to the hands of the Reporter for either party.
1Opinion of the Court
HURT, Presiding Judge.
Conviction for the theft of a horse, the property of one Berry. There are two counts — one for theft, under article 724; the other under article 742a, Penal Code. The prosecution relied for conviction upon the provisions of article 727, which reads: “The taking must be wrongful, so that if the property came into the possession of the person accused of theft by lawful means, the subsequent appropriation of it is not theft; but if the taking, though originally lawful, was obtained by any false pretext, or with the intent to deprive the owner of the value thereof, and…
2Cases cited1 opinion
- Chamberlin v. CobbSupreme Court of Iowa · 1871
3Cited by12 opinions
- Segal v. StateCourt of Criminal Appeals of Texas · 1924
- State v. Kenyon, Inc.Court of Appeals of Texas · 1941
- Keeton v. StateCourt of Criminal Appeals of Texas · 1910
- Stacy v. StateCourt of Criminal Appeals of Texas · 1915
- Wilson v. Shear Co.Court of Appeals of Texas · 1927
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