Herber v. State
Texas Supreme Court
Appeal from Guadalupe. The defendant was indicted on the 16fch of March, 18-18, for stealing one heifer yearling, the property of William Tom; verdict of guilty returned on the 4th May, 1850; judgment of the court, that he receive thirty-nine lashes on his hare back; motion for a new trial, and in arrest of judgment; both overruled, and defendant appealed.
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Appeal from Guadalupe. The defendant was indicted on the 16fch of March, 18-18, for stealing one heifer yearling, the property of William Tom; verdict of guilty returned on the 4th May, 1850; judgment of the court, that he receive thirty-nine lashes on his hare back; motion for a new trial, and in arrest of judgment; both overruled, and defendant appealed. The grounds assigned in the motion for a new trial were— 1st. The verdict was contrary to law and contrary to evidence. 2d. The discovery of new evidence since the trial. Toni, the supposed owner, testified that he had lost a heifer calf,…
1Opinion of the CourtLipscomb, J.
There was no evidence to fix the ownership iu Tom that would be entitled to much if to any consideration, independent of and not derived from the fact of its being branded with his brand. To have made the brand any ground of presumption, it should have been registered. Article 24,‘ 12, Ilart. Dig., is in the following words: “No brands, except such as are recorded by the officers named in this act, shall be recognized in law as any evidence of ownership of the cattle, horses, or mules upon which the same may be used.”
Again, there was not the slightest evidence of any attempt at concealment,…
2Cited by10 opinions
- Kossakowski v. PeopleIllinois Supreme Court · 1899
- The People v. GuagliataIllinois Supreme Court · 1936
- United States v. StoneUnited States Circuit Court · 1881
- Cornish v. TerritoryWyoming Supreme Court · 1884
- State ex rel. Houston v. WillisSupreme Court of Missouri · 1877
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