Lucas v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Floyd. . Tried below before Hon. W. E. McGill. This appeal is from a conviction for theft of a horse, the property of one W. O. Menifee. At the trial appellant was convicted, and his punishment assessed at imprisonment in the penitentiary for two years. The case is sufficiently stated in the opinion.
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Appeal from the District Court of Floyd. . Tried below before Hon. W. E. McGill. This appeal is from a conviction for theft of a horse, the property of one W. O. Menifee. At the trial appellant was convicted, and his punishment assessed at imprisonment in the penitentiary for two years. The case is sufficiently stated in the opinion. Defendant’s special requested instruction, which the court refused to give, was as follows: “To constitute theft, there must be an intent to appropriate the property stolen to the permanent use and benefit of the defendant, and this intent must exist at the very…
1Opinion of the Court
DAYIDSON, Judge.
The horse alleged to have been stolen was taken from its accustomed range, in Floyd County, at night, on the 7th of the month. This horse was ridden to the rear of a saloon in the town of Childress, Childress County, and hitched there. He was very much fatigued from hard riding. Near the horse stood defendant and one Thomas. These parties went into the saloon and shortly returned to where the horse was standing, and together they unsaddled and led him away. Though searched for, the horse was not seen until the next morning, when he was found about three-quarters of a mile…
2Cited by9 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1912
- Taylor v. StateCourt of Criminal Appeals of Texas · 1906
- Coats v. StateCourt of Criminal Appeals of Texas · 1919
- Grandberry v. StateCourt of Criminal Appeals of Texas · 1919
- Carroll v. StateCourt of Criminal Appeals of Texas · 1929
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