Blackburn v. State
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. T. C. Barden. George Blackburn was indicted for theft of a black gelding, the property of Bernardo Esparza.
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Appeal from Victoria. Tried below before the Hon. T. C. Barden. George Blackburn was indicted for theft of a black gelding, the property of Bernardo Esparza. On his trial the State proved by Esparza that he resided in Goliad county; that defendant also resided there; that the residence of witness was about six miles from Coletto creek, and the residence of Blackburn was about four and a half miles from said creek, and about a mile and a half from witness’ residence, and that said creek was the boundary line between the counties of Goliad and Victoria. Witness knew the defendant. The gelding…
1Opinion of the Court
Roberts, Chief Justice.
This is a conviction for theft, in which two questions are raised upon the evidence and the charge of the court: first, as to the ownership of the gelding alleged to be the property of Bernardo Esparza; and, second, as to the fraudulent intent to appropriate the horse by the defendant.
Esparza occasionally used and fed the gelding as he did his own horses, which gelding had previously been running in the range with his horses as an estray. Blackburn, who lived one and a half miles from Esparza, both of whom reside in Goliad county, near the line of Victoria county, is…
2Cited by15 opinions
- Griffin v. StateCourt of Criminal Appeals of Texas · 1981
- Smith v. StateCourt of Criminal Appeals of Texas · 1912
- State v. Flowers and JonesSupreme Court of Missouri · 1925
- Schultz v. StateCourt of Appeals of Texas · 1891
- Bryan v. StateCourt of Criminal Appeals of Texas · 1906
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