Abrigo v. State

PRENDERGAST, Presiding Judge.

This appeal is from a conviction for horse theft. We have carefully read the record and considered all of appellant’s claimed errors.

We think there can be no question but that the testimony raised the issue that if appellant took the horse of which he is charged with stealing, he did so under a claim of right. He claimed and testified it was his own property and was not the property of the alleged owner. The court by his charge did not submit this issue which was his affirmative defense.

The record, without contest, shows that appellant was a Mexican who did not…