Boyd v. State
Court of Appeals of Texas
Appeal from the County Court of Bobertson. Tried below before the lion. J. E. Crawford, County Judge. The conviction in this case was for the theft of a hog, the property of J. L. Sanson, in Bobertson county, Texas, on the 25th day of November, 1884. A fine of §10 was the punishment inflicted on the appellant. The State first introduced J. L. Sanson as a witness. He testified that he lived in the northeast corner of Bobertson county, Texas.
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Appeal from the County Court of Bobertson. Tried below before the lion. J. E. Crawford, County Judge. The conviction in this case was for the theft of a hog, the property of J. L. Sanson, in Bobertson county, Texas, on the 25th day of November, 1884. A fine of §10 was the punishment inflicted on the appellant. The State first introduced J. L. Sanson as a witness. He testified that he lived in the northeast corner of Bobertson county, Texas. He owned, during the year 1884, a certain spotted sow known as the “ Blackwell” sow. He missed this animal from her range in the “ bottom ” of the…
1Opinion of the Court
Hurt, Judge.
The conviction in this case was for the theft of a hog, the property of J. L. Sanson.
It is shown by the evidence in this case that the defendant took the hog openly in the day-time, in the presence of quite a number of his neighbors, under a claim of property, from his own hog range, upon which he had running at the time a large drove of hogs.
Under such a state of case, there 6not being the slightest circumstance tending to show that defendant knew that the hog was the property of Sanson when taken, the jury should have acquitted the defendant. (Kay v. The State, 40 Texas, 31;…
2Cases cited2 opinions
- Smith v. StateTexas Supreme Court · 1874
- Kay v. StateTexas Supreme Court · 1874