Darnell v. State
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. J. C. Easton. Frank Darnell was indicted, and the charge preferred was “ that on the 26th day of September, 1870, in the county of Lamar, State of Texas, with force and arms, one Frank Darnell, late of said county, one certain red cow, with some white in her face and flanks and about seven years old, and one roan yearling heifer, the property of Van W. White, then and there being, did willfully take into his possession, and…
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Appeal from Lamar. Tried below before the Hon. J. C. Easton. Frank Darnell was indicted, and the charge preferred was “ that on the 26th day of September, 1870, in the county of Lamar, State of Texas, with force and arms, one Frank Darnell, late of said county, one certain red cow, with some white in her face and flanks and about seven years old, and one roan yearling heifer, the property of Van W. White, then and there being, did willfully take into his possession, and drive and remove from their accustomed range, with intent to defraud the owner thereof, the said cow and yearling, not being…
1Opinion of the Court
Devine, Associate Justice.
The appellant was convicted of the theft of a cow, and assigns as error the overruling defendant’s motion to quash the indictment for the reasons set forth in the bills of exceptions; the refusal of the court to permit defendant to prove that he claimed the cow openly and notoriously at the time of her being taken; that the court erred in the charge to the jury, and in refusing a new trial and in overruling the motion in arrest of judgment.
The defendant was indicted for willfully driving from her accustomed range a cow, and taking the same into his possession with…
2Cases cited1 opinion
- State v. ThompsonTexas Supreme Court · 1874
3Cited by2 opinions
- Cesure v. StateCourt of Appeals of Texas · 1876
- Reynolds v. StateCourt of Appeals of Texas · 1885