Smith v. State
Court of Criminal Appeals of Texas
■ Appeal from the District Court of Cooke. Tried below before Hon. D. E. Babbett. Appeal from a conviction of theft of two mules, the penalty assessed being five years imprisonment in the penitentiary. The charging part of the indictment is set out in full in the opinion. The sufficiency of the indictment was attacked in defendant’s motion in arrest of judgment.
1Opinion of the Court
HURT, Pbesiding Judge.
Appellant was convicted of the theft of two mules, the alleged property of A. W. Willis, and appeals.
This prosecution to conviction was under article 877, Penal Code 1895. The indictment alleges that appellant, on a certain date, "with force and arms, in the- county of Cooke and State of Texas, then and there had possession of two certain mules, the said mules then and there being the property of A. W. Willis, and -the possession theretofore acquired by the said Ap. B. Smith by virtue of a contract of hiring and borrowing, made with the said A. W. Willis, and the said…
2Cited by4 opinions
- Elton v. StateCourt of Criminal Appeals of Texas · 1899
- McCarty v. StateCourt of Criminal Appeals of Texas · 1904
- Nugent v. StateCourt of Criminal Appeals of Texas · 1921
- Vincent v. StateCourt of Criminal Appeals of Texas · 1913