Purcelly v. State
Court of Appeals of Texas
Appeal from the District Court of Fannin. Tried below before Hon. E. D. McClellan. The conviction was for the theft of a horse, and the penalty assessed by the verdict was a term of five years in the penitentiary.
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Appeal from the District Court of Fannin. Tried below before Hon. E. D. McClellan. The conviction was for the theft of a horse, and the penalty assessed by the verdict was a term of five years in the penitentiary. J. D. Thomas testified for the State, in substance, that he and the defendant were cotton pickers on the place of Mr. W. H. Gilbert, in Fannin County, Texas, in the autumn of 1889. On or about October 1 of that year the defendant pretended to be sick, and asked Mr. Gilbert for the loan of a horse on the next day for the purpose of riding to the town of Bailey to procure medicine.…
1Opinion of the Court
WILLSON, Judge.
This conviction is under Article 741a of the Penal *4Code, which reads as follows: “Any person having possession of personal property of another by virtue of a contract of hiring or borrowing, or other bailment, who shall without the consent of the owner fraudulently convert such property to his own use with intent to deprive the owner of the value of the same, shall be guilty of theft,” etc.
It is charged in the indictment that the defendant did obtain and acquire from J. D. Thomas the possession and custody of a horse by virtue of a contract of borrowing, and did borrow said…
2Cited by8 opinions
- State v. ChapinOregon Supreme Court · 1914
- Shoemaker v. SELNESOregon Supreme Court · 1960
- State v. HannaOregon Supreme Court · 1960
- Smith v. StateCourt of Criminal Appeals of Texas · 1973
- Enright v. StateCourt of Criminal Appeals of Texas · 1974
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