Taylor v. State
Court of Appeals of Texas
Appeal from the District Court of Erath. Tried below before the Hon. J. E. Fleming. The indictment was for theft of cattle ; the defence, that appellant was acting in good faith as agent for a supposed bond fide owner. The judgment was conviction, and the punishment assessed was five years in the penitentiary. A condensed statement of the evidence appears in the opinion.
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Appeal from the District Court of Erath. Tried below before the Hon. J. E. Fleming. The indictment was for theft of cattle ; the defence, that appellant was acting in good faith as agent for a supposed bond fide owner. The judgment was conviction, and the punishment assessed was five years in the penitentiary. A condensed statement of the evidence appears in the opinion. Another appeal by this same party, from a similar conviction based upon like evidence, was affirmed in an opinion which refers to the one here reported.
1Opinion of the CourtWhite, J.
When the cattle were sold to Glenn, the appellant and the party Hannon, who made the sale, stated that he, Taylor, the appellant, was in charge of the herd as an employee or hired hand of Hannon. The evidence shows that defendant lived with Hannon ; that Hannon did not own any cattle; that, several weeks before the cattle were stolen, the defendant was at Glenn’s house, and told him 66 that there was a man down where he lived, somewhere below Dublin, who had twenty-five or thirty head of cattle that he wanted to sell, to raise money to pay a land-*530note, and asked him (Glenn) if he would buy…
2Cases cited3 opinions
- Perry v. StateTexas Supreme Court · 1874
- Ivey v. StateTexas Supreme Court · 1875
- Allen v. StateTexas Supreme Court · 1874