Counts v. State
Texas Supreme Court
Appeal from Erath. Tried below before the Hon. J. P. Osterhout. Defendant was indicted by the grand jury of Erath county for the theft of a cow, and on the trial in the court below, was convicted of driving cattle not his own, and without the consent of the owner, out of their accustomed range.
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Appeal from Erath. Tried below before the Hon. J. P. Osterhout. Defendant was indicted by the grand jury of Erath county for the theft of a cow, and on the trial in the court below, was convicted of driving cattle not his own, and without the consent of the owner, out of their accustomed range. Defendant moved in arrest of judgment, on the ground that the conviction was of a different offense than that mentioned in the indictment; and the motion being overruled, defendant appealed.
1Opinion of the CourtOgden, J.
The appellant was indicted for the theft of a cow, and was convicted of willfully driving live stock not his *594own from its accustomed range, without the consent of the owner, and he has appealed, assigning as error in the judgment of the District Court, that he was indicted for one offense, and convicted of another. Article 3095, Paschal’s Digest, provides that “ when a prosecution is for an offense consisting of differ- “ ent degrees, the jury may find the defendant not guilty of “ the higher degree, but guilty of any degree inferior to that “ charged in the indictment; ” and Article 3096, in…
2Cited by7 opinions
- Foster v. StateCourt of Appeals of Texas · 1886
- Brown v. StateCourt of Appeals of Texas · 1884
- Marshall v. StateCourt of Appeals of Texas · 1878
- Martin v. StateCourt of Appeals of Texas · 1880
- Powell v. StateCourt of Appeals of Texas · 1879
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