Legal Opinion

Tinney v. State

Court of Appeals of Texas

Decided October 26, 1887No. 2630PublishedCited by 1 opinion

Appeal from the District Court of Gonzales. Tried below before the Hon. George McCormick. This conviction was for the theft of a horse., the indictment alleging the ownership and possession to be in M. C. Doyal. The penalty awarded was a term of six years in the penitentiary. M. C. Doyal was the first witness for the State.

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Appeal from the District Court of Gonzales. Tried below before the Hon. George McCormick. This conviction was for the theft of a horse., the indictment alleging the ownership and possession to be in M. C. Doyal. The penalty awarded was a term of six years in the penitentiary. M. C. Doyal was the first witness for the State. He testified, in substance, that he lived near the town of Harwood, in Gonzales county, Texas, and was the owner of the horse alleged in the indictment to have been stolen on or about July 17, 1886. The said horse was taken, without the knowledge or consent of the witness,…

1Opinion of the Court

White, Presiding Judge.

It was alleged in the indictment that the stolen horse belonged to and was taken from the possession of one M. C. Doyal. It was proven that Boyal was the owner of the horse; that it. left his premises in Gonzales county, and strayed off with a bell upon it on the seventeenth of July; was seen in Caldwell county on the eighteenth, some twelve miles from home. On the twenty-first it was taken up by one Hurst, who, after making inquiry for the owner and failing to find him, took the horse to his home, intending to estray him, and there staked him out in his field and also…

2Cases cited2 opinions

  1. Blackburn v. StateTexas Supreme Court · 1876
  2. Cox v. StateTexas Supreme Court · 1875

3Cited by1 opinion

  1. Hart v. StateCourt of Criminal Appeals of Texas · 1940

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