Moore v. State
Court of Appeals of Texas
Appeal from the District Court of Johnson. Tried below before Hon. J. M. Hall. The conviction was for horse theft, and the penalty was a term of five years in the penitentiary.
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Appeal from the District Court of Johnson. Tried below before Hon. J. M. Hall. The conviction was for horse theft, and the penalty was a term of five years in the penitentiary. The charge of the court referred to in the second head note reads as follows: “ If you believe from the evidence that the witness Talbot took, as explained in the second paragraph of this charge, the animal and delivered the same to the defendant, then you will acquit the defendant, unless you shall believe from the evidence that the defendant did participate in said taking as principal as hereafter explained.” . The…
1Opinion of the Court
Willson, Judge.
An exception was reserved by defendant to the sixth paragraph of the charge, which paragraph is as follows: “If you believe that the defendant did not, either alone, or as principal as above explained, fraudulently take, as explained in the second paragraph of this charge, the animal described in the indictment, then you will find him not guilty.”'
We think the exception is well taken. Said paragraph of the charge required the jury before they could find the defendant not guilty to believe that he was innocent, whereas they should have been instructed that they should not find…
2Cited by1 opinion
- Harris v. StateCourt of Criminal Appeals of Texas · 1909