Legal Opinion

Buford v. State

Texas Supreme Court

Decided July 1, 1876PublishedCited by 11 opinions

Appeal from San Saba. Tried below before the Hon. E. B. Turner. Buford was indicted May 20, 1875, for fraudulently altering the brand of a cow, of the value of ten dollars, and of a calf, of the value of four dollars, on 20th March, 1875. On the trial, the court instructed the jury, after defining the offense: “The punishment for the theft of cattle, by the law of 1866, which is the lightest punishment affixed to theft now in force, is by confinement in the penitentiary not…

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Appeal from San Saba. Tried below before the Hon. E. B. Turner. Buford was indicted May 20, 1875, for fraudulently altering the brand of a cow, of the value of ten dollars, and of a calf, of the value of four dollars, on 20th March, 1875. On the trial, the court instructed the jury, after defining the offense: “The punishment for the theft of cattle, by the law of 1866, which is the lightest punishment affixed to theft now in force, is by confinement in the penitentiary not to exceed two years, or by fine not to exceed one thousand dollars, or by both fine and imprisonment, or by one and not…

1Opinion of the Court

Reeves, Associate Justice.

Appellant assigns various errors for the reversal of the judgment in this case, but it is not deemed necessary to examine more than one of the grounds, to wit, that the court erred in its charge to the jury-

The indictment charges the defendant with having fraudulently and feloniously altered the brand of a cow and yearling calf, not being his own property, without the consent of the owner, and with intent to defraud, &c.

The act of February 12, 1858, (Paschal’s Dig., art. 2412,) under which it is probable the indictment was found, punishes this offense in the same…

2Cited by11 opinions

  1. Bell v. StateCourt of Criminal Appeals of Texas · 1893
  2. Daniels v. StateCourt of Criminal Appeals of Texas · 1975
  3. Allen v. StateCourt of Appeals of Texas · 1877
  4. Bouldin v. StateCourt of Appeals of Texas · 1880
  5. Cohen v. StateCourt of Appeals of Texas · 1882

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