Alexander v. State
Court of Appeals of Texas
Appeal from the District Court of Brazoria. Tried below before the Hon.' W. H. Burkhart. The conviction in this case was for the theft of a yearling, alleged in the indictment to be the property of, and to have been taken from the possession of, one E. IT. Wilson. A term of three years in the penitentiary was the penalty assessed by the verdict.
Read the full summary
Appeal from the District Court of Brazoria. Tried below before the Hon.' W. H. Burkhart. The conviction in this case was for the theft of a yearling, alleged in the indictment to be the property of, and to have been taken from the possession of, one E. IT. Wilson. A term of three years in the penitentiary was the penalty assessed by the verdict. The conviction in this case was reversed solely because of the variance between the allegation and the proof of the possession of the animal at the time it was taken. Upon that subject, the possession being alleged in E. IT. Wilson, both Wilson and…
1Opinion of the Court
Willson, Judge.
It is alleged in the indictment that the animal stolen 'was the property of E. H. Wilson, and that it was taken from the possession of said E. H. Wilson. The evidence shows that the animal, at the time it was missed from its accustomed range, was under the care, management and control of one Fernandez, who had been hired by the owner, E. H. Wilson, to mark, brand and look after his stock of cattle, running on and about said Wilson’s ranch. Said Fernandez had no authority to sell or dispose of any of said cattle, but had the care, management and control of them in all other…
2Cited by2 opinions
- Smith v. CummingsUtah Supreme Court · 1911
- Yates v. StateCourt of Criminal Appeals of Texas · 1925