Franklin v. State
Court of Criminal Appeals of Texas
Appellant and one W. Walling were jointly indicted for the theft of the animal, which was alleged to be the property of J. Alderete. There was a severance granted, on the motion of defendant, Walling, and this appellant was alone placed upon trial. In brief, the facts were that: Alderte missed his gray horse about September 1, 1896. The horse was found in the possession of defendant in Bandera County on September 16, about 225 miles from the place where he was stolen.
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Appellant and one W. Walling were jointly indicted for the theft of the animal, which was alleged to be the property of J. Alderete. There was a severance granted, on the motion of defendant, Walling, and this appellant was alone placed upon trial. In brief, the facts were that: Alderte missed his gray horse about September 1, 1896. The horse was found in the possession of defendant in Bandera County on September 16, about 225 miles from the place where he was stolen. Appellant was seen in and around San Angelo about the time of the theft, and about the time of the theft disappeared. It also…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of the theft of a horse, and appeals. The indictment charged that the horse belonged to J. Alderete. The proof shows that the property belonged to Josianea Alderete. The indictment is supported by the proof. The initial of the first or given name of the owner of the property or person injured is sufficient in the indictment (the surname being given). Under such an indictment, proof of the initial of the given name can be made—that is, whether the name was John, James, or Josianea—and there would be no variance. We have examined the charge of the court…
2Cited by7 opinions
- Agar v. StateIndiana Supreme Court · 1911
- Brown v. StateCourt of Criminal Appeals of Texas · 1913
- Moreno v. StateCourt of Criminal Appeals of Texas · 1911
- Barfield v. StateCourt of Criminal Appeals of Texas · 1899
- Knight v. StateSupreme Court of Alabama · 1906
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