Ainsworth v. State
Court of Appeals of Texas
Appeal from the District Court of Eastland. Tried below before the Hon. B. R Webb, Special Judge. The conviction in this case was for the theft of a certain red heifer, the property of J. P. Bateman. Two years in the penitentiary was the punishment assessed. J. P. Bateman, the prosecuting witness, testifying for the State, stated in substance that he was the owner of the animal alleged to have been stolen.
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Appeal from the District Court of Eastland. Tried below before the Hon. B. R Webb, Special Judge. The conviction in this case was for the theft of a certain red heifer, the property of J. P. Bateman. Two years in the penitentiary was the punishment assessed. J. P. Bateman, the prosecuting witness, testifying for the State, stated in substance that he was the owner of the animal alleged to have been stolen. He described the animal as a red heifer calf, with a white face and a red ring around one eye. The animal was brought forth in the spring of 1880, and through that spring and summer was…
1Opinion of the CourtWhite, P. J.
Appellant was convicted of the theft of a red heifer, the property of one J. P. Bateman. If, instead of a criminal prosecution for theft, the proceeding had been a civil action to determine the ownership of the animal, a verdict in favor of either party, prosecutor or defendant, in view of the statement of facts, could not have been set aside for want of evidence to support it, nor upon the ground that it was against the evidence,— so evenly balanced does the evidence appear from the record. There can scarcely be a question but that both parties owned a red, white-faced heifer, about the same…
2Cases cited4 opinions
- Smith v. StateTexas Supreme Court · 1874
- Bray v. StateTexas Supreme Court · 1874
- Johnson v. StateTexas Supreme Court · 1875
- Duggan v. NoellTexas Supreme Court · 1867