Miller v. State
Court of Appeals of Texas
Appeal from the District Court of Collin. Tried below before the Hon. E. Maltbie. The conviction in this case was for the theft of a mule, the property of William Turner, in Collin county, Texas, on the 7th day of March, 1884. A term of five years in the penitentiary was the penalty assessed.
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Appeal from the District Court of Collin. Tried below before the Hon. E. Maltbie. The conviction in this case was for the theft of a mule, the property of William Turner, in Collin county, Texas, on the 7th day of March, 1884. A term of five years in the penitentiary was the penalty assessed. William Turner, the owner of the alleged stolen animal, was introduced to prove his non-consent to the taking, but the defendant establishing the fact that the said Turner had been convicted of the theft of a cow, objection to his competency as a witness was sustained. Alfred Chapman testified, for the…
1Opinion of the Court
White, Presiding Judge.
On the trial of the case the State’s witness Rodenbaugh, to whom defendant sold the mule in question, *38testified: “ Defendant came to my house in Louisville about 11 or 13 o’clock on the 21st day of March, A. D. 188-1, and stayed until next morning. lie had with him a mule and horse. I gave him a buggy and $20 for the mule. He said he got the mule from one McBee, and, as I thought, out on Grand Prairie,” etc.
It is a general rule of law, now well settled in this State, that the statement of a defendant with regard to the character of his right to the property, when first…
2Cases cited4 opinions
- Perry v. StateTexas Supreme Court · 1874
- Garcia v. StateTexas Supreme Court · 1862
- Cotton v. CampbellTexas Supreme Court · 1848
- Galloway v. StateTexas Supreme Court · 1874