Littleton v. State
Court of Appeals of Texas
Appeal from the District Court of Frio. Tried below before the Hon. D. P. Marr. The conviction in this case was for the theft of one head of cattle, the property of Peter Huegele, in Frio co'unty, Texas, on the 15th day of May, 1882. The penalty imposed was a term of two years in the penitentiary. The sixth ground relied upon in the motion for new trial, which raises the only question involved in the disposition of the appeal, reads as follows: “ 6th.
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Appeal from the District Court of Frio. Tried below before the Hon. D. P. Marr. The conviction in this case was for the theft of one head of cattle, the property of Peter Huegele, in Frio co'unty, Texas, on the 15th day of May, 1882. The penalty imposed was a term of two years in the penitentiary. The sixth ground relied upon in the motion for new trial, which raises the only question involved in the disposition of the appeal, reads as follows: “ 6th. The verdict of the jury is not supported by the law, because the indictment charged upon its face that the property charged to have been stolen…
1Opinion of the Court
Hurt, Judge.
The indictment alleges that the property belonged to and was taken from the possession of Peter Huegele. The proof shows that the animal was, as alleged, the property of Peter Huegele; but it also shows that the animal, when taken, was in the actual control and management of one George Haby. The animal was taken from the range, but, being in the actual control and management of Haby, it was in his possession, beca use our Code defines the meaning of the word “ possession ” in the definition of theft as follows, viz.: “ Possession of the person so unlawfully deprived of property is…
2Cases cited1 opinion
- Cameron v. StateTexas Supreme Court · 1876