Legal Opinion

Florez v. State

Court of Appeals of Texas

Decided November 14, 1888No. 3023PublishedCited by 3 opinions

Appeal from the District Court of Duval. Tried below before the Hon. J. C. Russell. The conviction in this case was for the theft of a mule, the-property of Juan Garza, in Duval oounty, Texas, on the twenty-fifth day of March, 1887. A term of five years in the penitentiary was the penalty assessed by the verdict. Juan Garza was the first witness for the State. He testified that he lived at the Los Indios ranch in Duval county, Texas.

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Appeal from the District Court of Duval. Tried below before the Hon. J. C. Russell. The conviction in this case was for the theft of a mule, the-property of Juan Garza, in Duval oounty, Texas, on the twenty-fifth day of March, 1887. A term of five years in the penitentiary was the penalty assessed by the verdict. Juan Garza was the first witness for the State. He testified that he lived at the Los Indios ranch in Duval county, Texas. He had never seen the defendant until his arraignment upon, this trial. The witness was the Juan Garza named in the indictment as the owner of the alleged stolen…

1Opinion of the Court

White, Presiding Judge.

When missed by the owner, in November, 1884, the mule was a little over one year old; when recovered by him in April, 1887, it was four years old. Defendant’s bill of sale under which he claimed to have acquired possession of the mule is dated the fifteenth of October, 1885. Prior to this latter date there is no evidence showing any connection of any kind whatsoever on the part of the defendant with the mule. There is no evidence showing who took the mule in 1884, eleven months before defendant was first seen in possession of it, if indeed the animal of which he…

2Cited by3 opinions

  1. Smith v. StateCourt of Criminal Appeals of Texas · 1975
  2. Ellard v. StateCourt of Criminal Appeals of Texas · 1974
  3. Preston v. StateCourt of Criminal Appeals of Texas · 1944

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