Jinks v. State
Court of Appeals of Texas
Appeal from the District Court of Hunt. Tried below before the Hon. Gr. J. Clark. The indictment charges the appellant with the theft of a calf, the property of one Thomas Eattan, from his possession. The testimony discloses that during the month of December, 1873, Eattan took up and estrayed a certain heifer.
Read the full summary
Appeal from the District Court of Hunt. Tried below before the Hon. Gr. J. Clark. The indictment charges the appellant with the theft of a calf, the property of one Thomas Eattan, from his possession. The testimony discloses that during the month of December, 1873, Eattan took up and estrayed a certain heifer. It is further disclosed that after the heifer was estrayed she gave birth to the calf alleged to have been stolen by appellant from the possession of Eattan, the taker-up. It further appears that, at the sale under the estray law, the heifer was purchased by Eattan, the prosecuting…
1Opinion of the CourtWinkler, J.
The several grounds upon which the appellant relies for a reversal of the judgment, though presented in various forms, and at different stages of the proceedings below, resolve themselves into three material questions necessary to be considered.
1. Does the record show a proper presentation of the indictment by the grand jury ?
2. Was the evidence admissible under the averments in the indictment; and in immediate connection with them ?
3. Was the charge to the jury a correct enunciation of the principles of law applicable to the case as made by the pleadings and the evidence, or a charge upon…
2Cases cited3 opinions
- Maddox v. StateTexas Supreme Court · 1874
- Cox v. StateTexas Supreme Court · 1875
- Moseley v. StateTexas Supreme Court · 1874