Henry v. State
Texas Supreme Court
Appeal from Limestone. Tried below before the Hon. D. M. Prendergast. Quince Henry was indicted for theft of “two certain oxen of the value of §20 each, and both of the value of §40, the property of Mrs. Mary Cobb.”
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Appeal from Limestone. Tried below before the Hon. D. M. Prendergast. Quince Henry was indicted for theft of “two certain oxen of the value of §20 each, and both of the value of §40, the property of Mrs. Mary Cobb.” Upon the trial he was convicted, and his punishment fixed at confinement in the penitentiary for five year^. The testimony showed that the oxen belonged to Mrs. Cobb and the children of her- deceased husband, on whose estate there had been no administration, and were in the possession of Mrs. Cobb before the theft. The other facts sufficiently appear in the opinion.
1Opinion of the Court
Ireland, Associate Justice.
The fimt error complained of is in the charge of the court as to ownership of the property stolen, which is as follows: “And if the proof shows that she (meaning Mrs. Cobb) had them (the oxen) in possession, and claimed and exercised acts of ownership of them, the presumption would be that she was the owner, in the absence of satisfactory proof to the contrary, and if the proof further satisfies them (the jury) that the defendant took said oxen from the possession of the owner without her consent.” It is insisted that the first part of tins charge was erroneous,…
2Cases cited2 opinions
- Moseley v. StateTexas Supreme Court · 1874
- Parchman v. StateTexas Supreme Court · 1875
3Cited by11 opinions
- State v. IrelandIdaho Supreme Court · 1904
- Clark v. StateCourt of Appeals of Texas · 1888
- Hatfield v. StateCourt of Criminal Appeals of Texas · 1912
- State v. KenworthyIdaho Supreme Court · 1948
- Bagley v. StateCourt of Appeals of Texas · 1877
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