Guest v. State
Court of Appeals of Texas
Appeal from the District Court of Red River. Tried below before the Hon. D. H. Scott. The conviction in this case was for the theft of four head of cattle, the property of John R. Johnson, in Red River county, Texas, on the fifteenth day of April, 1887. A term of two years in the penitentiary was the penalty assessed against the appellant. John R. Johnson was the first witness for the State.
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Appeal from the District Court of Red River. Tried below before the Hon. D. H. Scott. The conviction in this case was for the theft of four head of cattle, the property of John R. Johnson, in Red River county, Texas, on the fifteenth day of April, 1887. A term of two years in the penitentiary was the penalty assessed against the appellant. John R. Johnson was the first witness for the State. He testified that he lived in Red River county, Texas, and was the owner of the four head of cattle described in the indictment. Those animals were taken from their range, near witness’s ranch place, in…
1Opinion of the Court
White, Presiding Judge.
As directly and pertinently applicable to the facts proven on the trial, we are of opinion the court erred in refusing the first special instruction asked for defendant, as follows, viz.:
“In order to convict the defendant of the crime charged in the bill of indictment, you must be satisfied beyond a reasonable doubt that he not only did appropriate the cattle of J. R. Johnson, as alleged in the bill of indictment, but that the intent of the defendant to deprive the owner of the value thereof (if you should find that such intent existed) existed at or before the taking;…
2Cases cited1 opinion
- Bray v. StateTexas Supreme Court · 1874
3Cited by2 opinions
- Paulson v. State, Texas Court of Appeals, 14th District (Houston)1999
- Pyles v. StateCourt of Criminal Appeals of Texas · 1911