Hodge v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the theft of one head of cattle from the possession of its owner, B. Lindley, on or about the 1st of February, 1898. In brief, the main facts adduced in evidence may be stated as follows: B. Lindley lost three three-year-old head of cattle; two heifers and one steer in December, 1897. Some little time thereafter, hearing that they were in the pasture of the defendant, he went before a justice of the peace, and without having seen or…
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The indictment charged appellant with the theft of one head of cattle from the possession of its owner, B. Lindley, on or about the 1st of February, 1898. In brief, the main facts adduced in evidence may be stated as follows: B. Lindley lost three three-year-old head of cattle; two heifers and one steer in December, 1897. Some little time thereafter, hearing that they were in the pasture of the defendant, he went before a justice of the peace, and without having seen or notified defendant of his proceedings, sued out a writ-of sequestration for the cattle, placed the writ in the hands of - an…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant’s first bill of exceptions was reserved to that portion of the court’s charge which instructed the jury: “If the defendant bought the alleged stolen animal from one Tims, while they were running on the range, and afterwards took the same from the range, and at the time he so bought and took the cattle he believed they were the property of .Tims, then defendant would not be guilty; but if, at the time he so bought and took said cattle, he knew the cattle were not the property of Tims, then said purchase would not justify him in taking the cattle, and would…
2Cited by6 opinions
- Rasberry v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Hermosillo v. StateCourt of Criminal Appeals of Texas · 1932
- Murrell v. StateCourt of Criminal Appeals of Texas · 1939
- Benson v. StateCourt of Criminal Appeals of Texas · 1907
- Gilbreath v. StateCourt of Criminal Appeals of Texas · 1966
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