Hurley v. State
Court of Appeals of Texas
Appeal from the District Court of Bexar. Tried below before Hon. G. H. Noonan. Appellant was indicted for the theft of a dog of the alleged value of $50. At the trial he was convicted, and his punishment assessed at confinement in the penitentiary for two years.
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Appeal from the District Court of Bexar. Tried below before Hon. G. H. Noonan. Appellant was indicted for the theft of a dog of the alleged value of $50. At the trial he was convicted, and his punishment assessed at confinement in the penitentiary for two years. It was shown by the evidence that the dog wras a fine double-nosed pointer dog, ten or eleven months old, Avell trained, was valuable as a hunting dog, and that the owner had been offered and could have sold it at any time for $50. The owner testified that he would not have taken $100 for it.
1Opinion of the Court
WHITE, Presiding Judge.
This appeal is from a conviction in the court below for stealing a dog. As.charged in the indictment, the offense (omitting the formal parts) is stated as follows, to-wit: That *334Henry Hurley, “on the 7th day of the month of April, 1891, in said County of Bexar and State of Texas, did then and there fraudulently steal, take, and carry away from the possession of Charles Perner a domesticated animal, to-wit, one dog, of the value of $50, the property of the said Charles Perner,” etc. At the trial appellant was convicted of the theft as alleged, and his punishment assessed…
2Cases cited3 opinions
- Saint Louis, Arkansas & Texas Railway Co. v. HauksTexas Supreme Court · 1890
- Heisrodt v. HackettMichigan Supreme Court · 1876
- State v. SumnerIndiana Supreme Court · 1850
3Cited by4 opinions
- Hamby v. SamsonSupreme Court of Iowa · 1898
- Bennett v. StateCourt of Criminal Appeals of Texas · 1965
- Employers' Teaming Co. v. Teamsters' Joint CouncilU.S. Circuit Court for the Northern District of Illnois · 1905
- In re Habeas Corpus of BurkellDistrict Court, D. Alaska · 1903