Elam v. State
Court of Appeals of Texas
Appeal from the District Court of Dallas. Tried below before. the Hon. G. U, Aldredge. The conviction was for the theft of a horse, the property of Clark Kendall, in Dallas county, on the third day of May, 1881. The penalty imposed by a verdict of guilty was a term of five years in the penitentiary. Clark Kendall was the first witness for the State.
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Appeal from the District Court of Dallas. Tried below before. the Hon. G. U, Aldredge. The conviction was for the theft of a horse, the property of Clark Kendall, in Dallas county, on the third day of May, 1881. The penalty imposed by a verdict of guilty was a term of five years in the penitentiary. Clark Kendall was the first witness for the State. He testified that in April and May, 1881, he was the owner of a certain bay mare, branded 12 on the left shoulder, which was his brand. In the fall of that year he found his mare in the possession of Charles C. Williams. The witness had never…
1Opinion of the Court
Hurt, Judge,
Two'grounds are relied on for a reversal of this judgment. 1. That the charge of the court to the jury is-*39not sufficiently full, there being a feature of the case presented by evidence to which the law was not applied. 2. That the verdict of the jury is against the weight of the evidence, and that therefore the court below should have granted a new trial.
Counsel for defendant concede that the charge of the court, to the full extent to which it goes, is without objection; the only complaint being that it did not extend to and apply the law to a certain phase of the case, which has…
2Cases cited2 opinions
- Bishop v. StateTexas Supreme Court · 1875
- Pait v. McCutchenTexas Supreme Court · 1875