State v. Morales
Texas Supreme Court
Appeal from Cameron. Tried below before Hon. E. J. Davis. The indictment charged the defendant with stealing, taking, .•and carrying away two horses, the property of Antonio Mediano, then being found in the State of Tamaulipas in the.Republic of Mexico, without an averment that such act was there a crime. Upon motion the indictment was quashed.
1Opinion of the CourtWheeleb, J.
It is only by force of positive law, (P. C., Art. 774, 775,) that the Courts of this State can take cogni*300zance of an offence committed against the laws of another State or country. It is the offence of bringing property into this State which was obtained by the commission of a crime, against the law of the foreign State, which our law punishes. To make out the offence, it must appear that the act complained of was criminal in the State, where it was committed. (Id. 775.) The law of the foreign State becomes a necessary element in proving the guilt of the accused ; and it ought, therefore, to…
2Cited by11 opinions
- Bink v. StateCourt of Criminal Appeals of Texas · 1906
- Edwards v. StateCourt of Appeals of Texas · 1891
- Shankle v. StateCourt of Criminal Appeals of Texas · 1936
- Carmisales v. StateCourt of Appeals of Texas · 1882
- Cowell v. StateCourt of Appeals of Texas · 1884
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