Doss v. State
Court of Appeals of Texas
Appeal from the District Court of Milam. Tried below before the Hon. W. E. Collard. The conviction was for the theft of a cow and calf, the property of Hugh Tabor, in Milam county, Texas, on the fifteenth day of April, 1881. A term of two years in the penitentiary was the penalty assessed against the appellant. Hugh Tabor was the first witness for the State. He testified that he lived in Burleson county. He owned cattle in 1881, some of which ran in Milam county.
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Appeal from the District Court of Milam. Tried below before the Hon. W. E. Collard. The conviction was for the theft of a cow and calf, the property of Hugh Tabor, in Milam county, Texas, on the fifteenth day of April, 1881. A term of two years in the penitentiary was the penalty assessed against the appellant. Hugh Tabor was the first witness for the State. He testified that he lived in Burleson county. He owned cattle in 1881, some of which ran in Milam county. Witness lost a pale red cow, three years old, in the spring of 1881. That animal ranged in Milam county. She had a calf in the…
1Opinion of the Court
White, Presiding Judge.
It is insisted that if it be admitted that the testimony of the State’s witnesses be true, still the evidence would not support the conviction in this case, because it does not show “a taking” of the alleged stolen animal by defendant. In other words, that the facts as stated by the witnesses do not show that defendant ever exercised such control over, or had such possession of the animal, as would constitute his acts a taking under the statute.
Briefly stated, the facts are that the appellant, some time in the summer, proposed to sell a cow and calf to the witness, Bob…
2Cited by9 opinions
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- People v. AlexanderMichigan Court of Appeals · 1969
- Spivey v. StateCourt of Criminal Appeals of Texas · 1942
- Speer v. StateCourt of Criminal Appeals of Texas · 1932
- Heard v. StateCourt of Criminal Appeals of Texas · 1954
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