Mayfield v. State
Court of Appeals of Texas
Appeal from the District Court of San Saba. Tried below before the Hon. A. W. Moursund. The conviction in this case was for the theft of a mare, the property of J. B. Fondren, and the penalty assessed against appellant was a term of seven years in the penitentiary. J. B. Fondren was the first witness for the State. He testified, in substance, that he lived in San Saba county, about eight miles west of the town of the same name.
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Appeal from the District Court of San Saba. Tried below before the Hon. A. W. Moursund. The conviction in this case was for the theft of a mare, the property of J. B. Fondren, and the penalty assessed against appellant was a term of seven years in the penitentiary. J. B. Fondren was the first witness for the State. He testified, in substance, that he lived in San Saba county, about eight miles west of the town of the same name. In September or October, 1886, the witness lost a large bay mare, about sixteen and a half hands high, and in what was known as the cow head brand. She was taken from…
1Opinion of the Court
Willson, Judge.
It was proved on the trial by the State that about the same time that Fondren’s mare, the animal named in the indictment, was stolen, other horses were stolen from the same neighborhood, and that these other horses were recovered by the owners at the same time and place that Fondren recovered his mare. This evidence required from the court a charge to the jury explaining and limiting the purpose for which it was admitted, and the court, having omitted to give such charge, committed error for which the judgment must be reversed. (Wheeler v. The State, ante, 598.)
It was error for…
2Cited by3 opinions
- Gilbert v. StateCourt of Criminal Appeals of Texas · 1909
- Broussard v. StateCourt of Criminal Appeals of Texas · 1959
- Handy v. StateCourt of Criminal Appeals of Texas · 1915