Legal Opinion

Bryan v. State

Court of Criminal Appeals of Texas

Decided January 17, 1906No. 3452PublishedCited by 2 opinions

Appeal from the District Court of Hale. Tried below before Hon. Ira Webster. Appeal from a conviction of theft of cattle; penalty, two years imprisonment in the penitentiary.

1Opinion of the Court

DAVIDSON, Presiding Judge.

The indictment contains two counts: the first charging the ownership in Elliott, and the other in Allen. The count charging ownership in Allen was submitted to the jury by the charge of the court. The facts show that the animal alleged to have been stolen belonged to Elliott, who had previously bought it from appellant. After purchasing the animal it escaped from Elliott’s possession, along with several others. The remainder of the herd was shipped to Kansas City. Allen accompanied this herd as the hired hand of Elliott. While in Kansas City, Elliott requested Allen…

2Cases cited1 opinion

  1. Blackburn v. StateTexas Supreme Court · 1876

3Cited by2 opinions

  1. Metzger v. StateCourt of Criminal Appeals of Texas · 1959
  2. Hays v. StateCourt of Criminal Appeals of Texas · 1922

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