Cochran v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Hays. Tried below before Hon. Ed. R. Kone, County Judge. This appeal is from a conviction for taking up and using a horse without the consent of the owner thereof, the punishment being assessed at. a fine of $10. No statement necessary.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of a misdemeanor,, and fined $10, and prosecutes this appeal. The record in this case fails-to show that the jury which tried defendant were sworn. By the decisions of this court this is essential. See, Berry v. State, 10 Tex. Crim. App., 315; Dresch v. State, 14 Tex. Crim. App., 175; McHenry v. State, Id., 209; Curiel v. State, 20 Tex. Crim. App., 130; Kelley v. State, 13 Tex. Crim. App., 158. The evidence in this case showed that the-animal in question, when taken by the appellant, was saddled and bridled, and hitched near a church, the prosecuting…
2Cases cited1 opinion
- Davis v. StateTexas Supreme Court · 1867
3Cited by2 opinions
- Moore v. StateCourt of Criminal Appeals of Texas · 1912
- State v. GallagherCourt of Appeals of Arizona · 1991