Minter v. State
Court of Appeals of Texas
Appeal from the County Court of Morris. Tried below before the Hon. D. M. Rodes, County Judge. The conviction in this case was for the theft of Ragland’s hog, and the penalty assessed was a fine of ten dollars and confinement in the county jail for twelve hours.
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Appeal from the County Court of Morris. Tried below before the Hon. D. M. Rodes, County Judge. The conviction in this case was for the theft of Ragland’s hog, and the penalty assessed was a fine of ten dollars and confinement in the county jail for twelve hours. Ragland testified, in substance, that, soon after dinner on the day alleged in the indictment, he, then being at home in Morris county, heard the report of a gun and the baying of a dog, at a point about three hundred yards west of his house. Soon after-wards, a bunch of his hogs, frightened and excited, came running to the house. He…
1Opinion of the Court
Willson, Judge.
This conviction is for the theft of a hog. Considering the evidence in the most favorable light for the State, it shows that defendant shot and wounded the hog and pursued it for some distance, but did not kill or catch it. The hog was found bv its owner lying in a branch, alive but badly *219wounded. He drove it home and killed it and used the meat. It is clear from the evidence that the defendant never had actual, manual possession of the hog, and never converted it to his own use. To constitute theft there must be a fraudulent taking of the property, and while there may be a…
2Cases cited1 opinion
- Hall v. StateTexas Supreme Court · 1874