Legal Opinion

Baldwin v. State

Court of Criminal Appeals of Texas

Decided March 18, 1893No. 167PublishedCited by 21 opinions

Appeal from the District Court of Liberty, Tried below before Hon. L. B. Hightower. Appellant was indicted for theft of hogs over the value of $20, and at his trial, being convicted of said offense, his punishment was assessed at five years in the penitentiary. The facts are sufficiently stated in the opinion.

1Opinion of the Court

DAVIDSON, Judge.

Appellant prosecutes this appeal from a conviction for hog theft. In his motion for new trial he criticises the charge in several respects.

Applied to the evidence adduced, the charge is sufficient. A charge on the law in relation to reasonable account of possession of property recently stolen was not called for by the. evidence, because none was given, nor does the testimony before us show, on the part of defendant, any theory of honest ownership in or right to the hogs, nor did he claim them to be the property of his relatives, or that he so believed. He gave no account of…

2Cited by21 opinions

  1. Crews v. StateCourt of Criminal Appeals of Texas · 1895
  2. Adams v. StateCourt of Criminal Appeals of Texas · 1895
  3. State v. FosterNorth Dakota Supreme Court · 1905
  4. State v. OliverNorth Dakota Supreme Court · 1951
  5. Smith v. StateCourt of Criminal Appeals of Texas · 1902

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