Roberts v. State
Court of Appeals of Texas
Appeal from the District Court of Falls. Tried below before the Hon. B. W. Himes. The conviction in this case, assessing against the appellant a term of four years in the penitentiary as penalty, was for the theft of H. 0. Osborne’s yearling, in Falls county, Texas, on the 24th day of December, 1883. H. 0. Osborne was the first witness for the State.
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Appeal from the District Court of Falls. Tried below before the Hon. B. W. Himes. The conviction in this case, assessing against the appellant a term of four years in the penitentiary as penalty, was for the theft of H. 0. Osborne’s yearling, in Falls county, Texas, on the 24th day of December, 1883. H. 0. Osborne was the first witness for the State. He testified that some time in September, 1883, he moved from Mustang Prairie to his present residence on Big Creek, in Falls county. He brought with him two animals of his own,— a cow and the yearling involved in this prosecution,— and a cow and…
1Opinion of the Court
White, Pbesiding Judge.
For the purposes of the questions we propose to discuss in this case the following substantial statement of the facts is made, viz.: Osborne lost his yearling in December. In February he found it in and got it from a herd of cattle claimed by and in possession of one Jesse Brothers. When reclaimed by him, the animal was found to have been re-marked and re-branded,— the marks and brand being apparently about six weeks old,— and showing that the animal had been branded and marked recently after it was lost or stolen. This appellant said that he had sold the yearling to…
2Cases cited9 opinions
- Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
- People v. HurleyCalifornia Supreme Court · 1882
- Perry v. StateTexas Supreme Court · 1874
- Unger v. StateMississippi Supreme Court · 1872
- Smith v. PeopleIllinois Supreme Court · 1882
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3Cited by1 opinion
- Odom v. StateCourt of Criminal Appeals of Texas · 1930