Legal Opinion

Lopez v. State

Texas Supreme Court

Decided July 1, 1858PublishedCited by 8 opinions

Appeal from Nueces. Tried below before the Hon. Edmund J. Davis. The theft was committed in July, 1856; indictment found and conviction at the Fall Term, 1857. The facts appear from the Opinion.

1Opinion of the CourtRoberts, J.

This is a conviction for stealing a horse. It was objected to the indictment, in arrest of judgment, that the horse, alleged to be stolen, was not charged in the indictment to be of any value. The Court below overruled the objection and sustained the conviction.

The rule laid down in East, Hale and Blackstone is, that the value of the property must be stated in the indictment, and the reason invariably given for it is, to distinguish between grand and petit larceny.

That reason does not apply to this case. The statute, under which this prosecution was instituted, prescribes, “ that if any…

2Cases cited1 opinion

  1. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1804

3Cited by8 opinions

  1. Chesnut v. PeopleSupreme Court of Colorado · 1895
  2. State v. BroomOregon Supreme Court · 1931
  3. Graham v. StateTexas Supreme Court · 1875
  4. State v. FaulkSouth Dakota Supreme Court · 1908
  5. Adams v. StateSupreme Court of Alabama · 1877

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