Dale v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Williamson. Tried below before Hon. F. G-. Morris. Appellant was indicted for the theft of one head of cattle, the property of James Beal. At the trial he was convicted, with the punishment assessed at two years in the penitentiary. James Beal testified, substantially, that in May, 1892, he and his mother owned two yearlings, of which he had the exclusive care, management, and control.
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Appeal from the District Court of Williamson. Tried below before Hon. F. G-. Morris. Appellant was indicted for the theft of one head of cattle, the property of James Beal. At the trial he was convicted, with the punishment assessed at two years in the penitentiary. James Beal testified, substantially, that in May, 1892, he and his mother owned two yearlings, of which he had the exclusive care, management, and control. The animal in question was a white and red spotted yearling, branded D8 on the left hip, and marked with a crop and underbit in the right and swallowfork and hack in the left…
1Opinion of the Court
SIMKLNS, Judge.
Appellant was convicted of the theft of a yearling, and sentenced to two years confinement in the penitentiary, from which he appeals. There are no bills of exception in the record. The only questions raised in the case are, first, the sufficiency of the evidence; second, the charge of the court, to the effect that one falsely claiming to own a certain yearling on the range, which he points out and sells to an other, who in good faith appropriates it, is as guilty of theft as if he had first taken possession of it and sold it. As to the first ground, the eviclearly supports the…
2Cited by2 opinions
- Houston v. StateCourt of Criminal Appeals of Texas · 1924
- Farris v. StateCourt of Criminal Appeals of Texas · 1909