Legal Opinion

Hall v. State

Court of Appeals of Texas

Decided January 8, 1887No. 2074PublishedCited by 4 opinions

Appeal from District Court of Bee. Tried below before the Hon. H. C. Pleasants. The conviction was for the theft of a horse, and the penalty imposed was a term of five years in the penitentiary. The opinion discloses the case.

1Opinion of the Court

Willson, Judge.

The indictment alleges that J. G. Dohl was the owner of the stolen horse, and that said horse was taken from the possession of said J. G. Dohl. The evidence shows that J. G. Dohl was the owner of said horse, but was not in possession thereof at the time the same was stolen. Said horse, at the time of the theft, thereof, was in the possession of H. Dohl, who was holding the same for said J. G. Dohl, the owner. There is therefore a fatal variance between the allegation and the proof, with respect to the possession of the animal at the time of the theft.

In view of the facts of the…

2Cited by4 opinions

  1. Northcutt v. StateCourt of Criminal Appeals of Texas · 1910
  2. Clements v. StateCourt of Criminal Appeals of Texas · 1964
  3. Webb v. StateCourt of Criminal Appeals of Texas · 1960
  4. Stanford v. StateCourt of Criminal Appeals of Texas · 1939

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