Foster v. State
Court of Appeals of Texas
Appeal from the District Court of Lavaca. Tried below before the Hon. George McCormick. The indictment charged the appellant with the theft of three horses, the property of T. T. Dew, in Lavaca county, Texas, on the thirteenth day of May, 1884. His trial resulted in his conviction of theft as charged in .the indictment, and his punishment was assessed at confinement in the penitentiary for the term of two years. T. T. Dew was the first witness for the State.
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Appeal from the District Court of Lavaca. Tried below before the Hon. George McCormick. The indictment charged the appellant with the theft of three horses, the property of T. T. Dew, in Lavaca county, Texas, on the thirteenth day of May, 1884. His trial resulted in his conviction of theft as charged in .the indictment, and his punishment was assessed at confinement in the penitentiary for the term of two years. T. T. Dew was the first witness for the State. He testified that he lived at “ Half Moon Timber.” on Rocky creek, in Lavaca county, Texas, about eighteen miles distant from…
1Opinion of the Court
White, Presiding Judge.
Appellant was convicted of the theft, by fraudulently driving from their accustomed range, of three horses, the property of T. T. Dew. As originally entered, the verdict and judgment were for “ theft as charged in the indictment,” but the judgment was subsequently amended and entered for the offense of “fraudulently driving from their accustomed range live stock not his own.”
There are but two questions presented on the record which we *85deem of sufficient moment to require discussion. The indictment was in the ordinary form for theft of horses. A conviction was claimed…
2Cases cited4 opinions
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