Huntsman v. State
Court of Appeals of Texas
Appeal from the District Court of Falls. Tried below before the Hon. J. Abbott. The indictment contains the allegations ordinarily used in charging theft, and accused the appellant of stealing a gelding, the property of Ben Young, on July 30, 1881. The jury found appellant guilty of embezzlement and assessed his punishment at a term of five years in the penitentiary.
Read the full summary
Appeal from the District Court of Falls. Tried below before the Hon. J. Abbott. The indictment contains the allegations ordinarily used in charging theft, and accused the appellant of stealing a gelding, the property of Ben Young, on July 30, 1881. The jury found appellant guilty of embezzlement and assessed his punishment at a term of five years in the penitentiary. It appears by the evidence that Young, the owner of the gelding, lived in Milam county, and there loaned tile animal to the defendant, who was his son-in-law, to carry him to Falls county, from whence he was to bring the animal…
1Opinion of the CourtHurt, J.
The appellant was tried on an indictment ■containing the usual allegations of theft, to wit, that he fraudulently took the property from the possession of the owner without his consent, with the essential intents, etc. He was convicted of embezzlement, which he insists was unconstitutional, and his counsel, in their very able brief and written argument, urge the unconstitutional grounds for a reversal of the judgment.
In Whitworth v. State, 11 Texas Ct. App. 414, such a conviction was held legal; and this opinion is written to manifest some of the reasons why that case is now overruled. In…
2Cases cited22 opinions
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- United States v. CookSupreme Court of the United States · 1872
- United States v. MillsSupreme Court of the United States · 1833
- Noles v. StateSupreme Court of Alabama · 1854
- Twitchell v. CommonwealthSupreme Court of the United States · 1869
17 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fleming, MarkCourt of Criminal Appeals of Texas · 2011
- Fleming, MarkCourt of Criminal Appeals of Texas · 2011
- Opinion No., Texas Attorney General Reports1978
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1978