Marshall v. State
Court of Appeals of Texas
Appeal from the District Court of Palo Pinto. Tried below before the Hon. J. It. Fleming. The indictment charged the appellants, Ed. Marshall and Albert Williams, with the theft of “ two certain cattle,” worth $10 each, belonging to J. M. Denton. The evidence showed that Marshall had the charge of a stock of cattle belonging to one Nalls, whose place was some four or five miles from Denton’s.
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Appeal from the District Court of Palo Pinto. Tried below before the Hon. J. It. Fleming. The indictment charged the appellants, Ed. Marshall and Albert Williams, with the theft of “ two certain cattle,” worth $10 each, belonging to J. M. Denton. The evidence showed that Marshall had the charge of a stock of cattle belonging to one Nalls, whose place was some four or five miles from Denton’s. In driving some of Nalls’ cattle from the range to the pasture at Nalls' place, the defendants also drove along two unbranded and unmarked calves belonging to Denton, and put them also in the pasture. A…
1Opinion of the CourtEctor, P. J.
The defendants in this case were indicted for the theft of two calves. They were convicted for illegally driving cattle from their accustomed range, under article 2410 c, Paschal’s Digest, which article reads as follows :
“ If any person shall willfully kill or destroy, or drive or *551remove from its accustomed range, any live stock not his own, without the consent of the owner, under such circumstances as not to constitute theft, he shall, nevertheless, be guilty of a misdemeanor, and shall be punished by fine not exceeding double the value of such stock.”
The district judge who presided at the…
2Cases cited4 opinions
- Campbell v. StateTexas Supreme Court · 1874
- Counts v. StateTexas Supreme Court · 1873
- Posey v. StateTexas Supreme Court · 1870
- Tharp v. StateTexas Supreme Court · 1866