Rumbo v. State
Court of Appeals of Texas
Appeal from the District Court of Hill. Tried below before Hon. J. M. Hall. The conviction in this case was for the theft of a mare, and the penalty assessed was a term of five years in the penitentiary. R. H. Edmonson was the first witness for the State.
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Appeal from the District Court of Hill. Tried below before Hon. J. M. Hall. The conviction in this case was for the theft of a mare, and the penalty assessed was a term of five years in the penitentiary. R. H. Edmonson was the first witness for the State. He testified that he was the owner of the mare which by the indictment was alleged to have been stolen on the 15th day of October, 1883. At the same time, and prior thereto, he was also the owner of a certain recipe for making soap. On or about August 1 of that year he employed the defendant to' go to Cooke County for the purpose of selling…
1Opinion of the Court
White, Presiding Judge.
When the appellant procured the mare from Edmonson the second time it was with the understanding that he *33was going to return to Cooke County in order to sell the recipes for making soap. The question in the case was whether at the very time he so acquired possession of the mare his proposal to use her for such purpose was not a false pretext made by him in order to obtain possession of and steal her.
He acquired possession of the mare on the fifteenth day of October, 1883. By the law in force at that time unless he acquired the possession by means of a false pretext, or…
2Cited by2 opinions
- Young v. StateCourt of Criminal Appeals of Texas · 1931
- Cunningham v. StateCourt of Criminal Appeals of Texas · 1928